Judge: Daniel M. Crowley, Case: 22STCV24086, Date: 2023-05-10 Tentative Ruling


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Case Number: 22STCV24086    Hearing Date: March 29, 2024    Dept: 71

Superior Court of California

County of Los Angeles

 

DEPARTMENT 71

 

TENTATIVE RULING

 

POURANDOKHT POURAT, 

 

         vs.

 

SHAHRAM MOUSSAZADEH.

 Case No.:  22STCV24086

 

 

 

 Hearing Date:  March 29, 2024

 

Cross-Defendant Hormoz Pourat’s, in pro per, motion for leave to amend the complaint is denied.

 

Cross-Defendant Hormoz Pourat (“Hormoz”) (“Cross-Defendant”) moves in pro per for a motion for amend the complaint.  (Notice of Motion, pg. 1.)

 

Motion for Leave to Amend

          Legal Standard     

          Entry of defendant’s default instantaneously cuts off its right to appear in the action. A defaulted defendant or cross-defendant has no right to participate in the proceedings until either (a) its default is set aside (in which event, it may respond to the complaint), or (b) a default judgment is entered (in which event it may appeal.  (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.)

Entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default.   (W.A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial District, Alameda County (1959) 176 Cal.App.2d 67, 72 [stating superior court clerk improperly refused to enter default and writ issued to prevent court from considering defendant’s late-filed motion for change of venue].)

 

          Discussion

          Cross-Defendant does not have standing to amend the Complaint because he is not a Plaintiff in the original Complaint.  Cross-Defendant is only a party to Cross-Complainant’s Cross-Complaint, in which entry of default was entered against Cross-Defendant in March 2023.

 

Conclusion

Cross-Defendant’s motion for leave to amend the Complaint is denied.

Moving Party to give notice.

 

Dated:  March _____, 2024

                                                                            

Hon. Daniel M. Crowley

Judge of the Superior Court