Judge: Bradley S. Phillips, Case: 21STCV46495, Date: 2024-10-11 Tentative Ruling

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Case Number: 21STCV46495    Hearing Date: October 11, 2024    Dept: 26

TENTATIVE RULING:

Plaintiff’s Motion to Set Aside/Vacate the Judgments Filed on September 5, 2024, is denied without prejudice.

The challenged Judgments are based on the Court’s July 30, 2024 order granting summary judgment in favor of Defendants SAM Property Management, LLC; SAM National Properties, LLC; SAM USC Housing, LLC; and Sigma Alpha Mu Fraternity, Inc. (“Defendants”).

Plaintiff filed notices of appeal as to the July 30, 2024, summary judgment orders on September 19, 2024.

Under Code of Civil Procedure § 916, subdivision (a), “the perfecting of any appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein of affected thereby.”  Code Civ. Proc. § 916, subdivision (a).  An appeal is perfected when the notice of appeal is filed.  Kroger Co. v. Workers’ Comp. Appeals Bd. (2012) 210 Cal.App.4^th 952, 959.

The September 5, 2024, judgments are unquestionably “matters … affected” by the July 30, 2024, summary judgment orders.  Proceedings with respect to those judgments are therefore stayed by Plaintiff’s filing of the notices of appeal, and this Court lacks jurisdiction to consider Plaintiff’s motion to set aside the judgments.

None of the authorities cited by Plaintiff in Plaintiff’s Reply Brief supports the argument that, in these circumstances, the Court has jurisdiction to proceed on Plaintiff’s motion to set aside the Judgments.