Judge: Curtis A. Kin, Case: 22STCV19716, Date: 2022-12-29 Tentative Ruling

Case Number: 22STCV19716    Hearing Date: December 29, 2022    Dept: 72

DEMURRER

Date:               12/29/22 (9:30 AM)

Case:               Stevan Dweck v. Sophia Alvarez (22STCV19716)

TENTATIVE RULING:

Demurrer is STRICKEN.

On August 26, 2022, default was entered against defendant Sophia Alvarez, as well as “[a]ll occupants in care of named tenant.” On September 1, 2022, default judgment was entered against defendant Sophia Alvarez. The default judgment “applies to all occupants of the premises [located at 702 North Heliotrope Drive, Los Angeles, CA 90029] including tenants, subtenants if any, and any named claimants if any….” (9/1/22 Judgment ¶¶ 4, 5.)

“The entry of a default terminates a defendant's rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered.” (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.)

In the Amended Prejudgment Claim of Right to Possession, filed on September 8, 2022, Daniel Alvarez purports to be an occupant of the premises that is the subject of the Complaint and the default judgment – 702 North Heliotrope Drive, Los Angeles, CA 90029. As stated above, default and default judgment have been entered against occupants of the subject premises. Because default and default judgment were entered against occupants before Daniel Alvarez filed a demurrer on September 12, 2022, Daniel Alvarez was not entitled to file any demurrer.