Judge: Cherol J. Nellon, Case: 24STCV04353, Date: 2025-05-21 Tentative Ruling
Case Number: 24STCV04353 Hearing Date: May 21, 2025 Dept: 14
#8
Case Background
This is an action for intentional infliction of
emotional distress, conduct in violation of Penal Code, section 485, deceptive
advertising, unethical business practices, malice, and faulty contract.
Plaintiff alleges Defendant engaged in deceptive practices and obtained a
refinancing contract with Plaintiff which did not reflect the accurate value of
her vehicle and other irregularities.
On February 22, 2024, Plaintiff Tangela Terry filed her
Complaint against Defendant Exeter Finance.
On August 15, 2024, Plaintiff filed a First Amended
Complaint (FAC)
On April 21, 2025, Plaintiff filed a motion for leave
to amend combined with a motion to consolidate and a motion for default
judgment.
Instant Pleading
Plaintiff moves for leave to amend her FAC, to
consolidate this case with 24STCV05030, and for an entry of default.
Decision
Plaintiff’s motions for leave to amend, to consolidate,
and for entry of default are DENIED.
Discussion
Plaintiff filed an improper omnibus motion containing
three motions in one filing. Cal. Rules of Court, section 3.1110(a) states that
a notice of motion must state in the opening paragraph the nature of the order
being sought and the grounds for issuance of the order. Subdivision (b)
provides that the first page of each paper must contain information about the
date, time, and location of the hearing and other information. The language of section
3.1110 requires that each notice of motion state the nature of the order being
sought, not multiple orders, meaning the section contemplated that motions
would be filed separately. Additionally, Gov. Code, section 70617(f) provides
that filing fees apply separately to each motion or other paper filed. Even if
Plaintiff in this case has a fee waiver, she must comply with the rules and
statutes governing the filing of motions and file each motion separately in the
future.
The Court also notes that Plaintiff failed to file
proof of service showing she served Defendant with notice of these motions at
least 16 days before this hearing as required under Code civ. Proc., section
1005.
Motion for Leave to Amend
A motion to amend a pleading
before trial must (1) include a copy of the proposed amendment or amended
pleading, which must be serially numbered to differentiate it from previous
pleadings or amendments; (2) state what allegations in the previous pleading
are proposed to be deleted, if any, and where, by page, paragraph and line
number, the deleted allegations are located; and (3) state what allegations are
proposed to be added to the previous pleading, if any, and where, by page,
paragraph, and line number, the additional allegations are located. (Cal. Rules
of Court, rule 3.1324(a).) A separate supporting declaration specifying (1) the
effect of the amendment; (2) why the amendment is necessary and proper; (3)
when the facts giving rise to the amended allegations were discovered; and (4)
the reason why the request for amendment was not made earlier must accompany
the motion. (Id., rule 3.1324(b).)
Here, Plaintiff fails to specifically state what
allegations are proposed to be added by page, paragraph, and line number.
Plaintiff additionally fails to provide a separate declaration explaining the
effect of the amendment, why the amendment is necessary and proper, when the facts
giving rise to the amendment were discovered, and the reason why she did not
request leave to amend earlier. The motion is DENIED because Plaintiff failed
to comply with Cal. Rules of Court, Rule 3.1324(b)
Motion to Consolidate
Under California Rules of Court, rule 3.350, subdivision (a)(1), a notice
of motion to consolidate must: (A) List all named parties in each case, the
names of those who have appeared, and the names of their respective attorneys
of record; (B) Contain the captions of all the cases sought to be consolidated,
with the lowest numbered case shown first; and (C) Be filed in each case sought
to be consolidated. (2) The motion to consolidate: (A) Is deemed a single
motion for the purpose of determining the appropriate filing fee, but
memorandums, declarations, and other supporting papers must be filed only in
the lowest numbered case; (B) Must be served on all attorneys of record and all
non-represented parties in all of the cases sought to be consolidated; and (C)
Must have a proof of service filed as part of the motion.
“Cases may not be consolidated unless they are in the same department. A
motion to consolidate two or more cases may be noticed and heard after the
cases, initially filed in different department, have
been related into a single department, or if the cases were already
assigned to that department.” (LASC Local Court Rules, Rule 3.3(g)(1).)
Here, the cases Plaintiff seeks to consolidate have not
been related into the same department. Additionally, Plaintiff failed to file a
motion to consolidate in each case. The motion is DENIED because Plaintiff
failed to comply with Cal. Rules of Court, rule 3.350 and LASC Local Court
Rules, Rule 3.3.
Motion for Entry of Default
The clerk of court enters default after meeting the
requirements set forth in Code Civ. Proc., section 585(a). Although a judge may
enter default if the clerk is unavailable, the Court’s records show that
Plaintiff’s request for entry of default was last rejected on May 13, 2025 for
a number of errors in Form CIV-100, the documents served, and service.
Plaintiff may refer to the notice of rejection served by the clerk of court on
May 13, 2025. The motion for entry of default is DENIED.
Conclusion
Plaintiff’s motions for leave to amend, to consolidate,
and for entry of default are DENIED.