Judge: Christian R. Gullon, Case: 23PSCV03601, Date: 2024-10-15 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling.

Counsel may submit on the tentative rulings by calling the clerk in Dept. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument.

The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.

Case Number: 23PSCV03601    Hearing Date: October 15, 2024    Dept: O

Tentative Ruling

MOTION AND MOTION FOR LEAVE TO FILE PROPOSED FIRST AMENDED COMPLAINT is TBD; Plaintiff is to file a notice of related case.

Background

This case arises from an unlawful detainer (UD).

On November 17, 2023, Plaintiff GOLD RIVER HOLDING LLC filed suit against Defendants YING (CHRISTINE) LU, an individual; HAITAO (RICHARD) WU for damages for breach of a commercial lease. Plaintiff alleges that the damages include lost rental income at the rate of $36,490 per month during the five months required to make the Premises rentable again (total exceeding $182,450) and incurred costs and expenses exceeding $21,610 to repair the Premises so it could be relet.

On January 25, 2024, Defendants filed their answer.

On February 29, 2024, Defendants filed their first amended answer.

On September 23, 2024, Plaintiff filed the instant motion.

On October 2, 2024, Defendants filed their opposition.

On October 4, 2024, Plaintiff filed its reply.

Discussion

The court need not engage the merits of the motion at this juncture as no notice of related case has been filed. The complaint references the UD action entitled Gold River Holding LLC v Lu Ying and Wu Haitao (LASC case no: 23PSCV02543) that was filed on 8/21/23.[1] Pursuant to California Rules of Court Rule 3.300 [Related Case], “[w]henever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case.” (CRC Rule 3.300, subd. (a), emphasis added.) Here, a review of the 23PSCV02543 case (West Covina Courthouse/Dept 6), indicates that the case was dismissed by Plaintiff. (See 1/12/2024 Filing.) When, such as here, the case involves the same parties and similar or identical claims, a notice of related case must be filed; however, neither party has done so. Therefore, the court requests Plaintiff make the requisite filing.

Based thereon, the motion will not be heard at this time.