Judge: Holly J. Fujie, Case: 23STCV17191, Date: 2024-07-22 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 23STCV17191    Hearing Date: July 22, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant CONTEMPORARY SERVICES CORPORATION (“Defendant”)

RESPONDING PARTY: Plaintiff TIMOTHY SETTLES (“Plaintiff”’)

BACKGROUND

             On July 20, 2023, Plaintiff filed a form complaint (the “Complaint”) against Defendant, asserting the following as causes of action: 1) general negligence; 2) intentional tort; (3) intentional infliction of emotional distress; 4) undue mental anguish; 5) bad faith business practice; 6) defamation of character; and 7) violation of the “doctrine of unclean hands.”

            On April 23, 2024, Plaintiff filed a Request for Entry of Default and/or Clerk’s Judgment (“Request for Default”).  On the same day, the Clerk of Court issued a Notice of Rejection of Default (“Notice of Rejection”), notifying Plaintiff that the Request for Default was rejected for the reasons cited therein. 

            In a Minute Order dated May 23, 2024, the Court noted the Notice of Rejection of Default, and instructed Plaintiff to resubmit the Request for Default by July 2, 2024.  On May 24, 2024 --before any revised Request for Default was filed or accepted by the Court, Defendant filed a Demurrer to the Complaint (the “Demurrer”), and concurrently filed a Motion to Strike Portions of Plaintiff’s Complaint (the “Motion to Strike”).

            On July 8, Plaintiff filed a document entitled “Plaintiff’s Request of the Court to Take Judicial Notice That the Defendant’s Attorney Has No Standing to File Any Documents While in Default, See Exhibits.” (“Plaintiff’s Request”.)

The Court notes that Plaintiff is under the mistaken belief that Defendant is now in default.  In fact, Plaintiff’s Request for Default was rejected, as indicated on the exhibit attached to Plaintiff’s Request’s Exhibit, and no subsequent Request for Default was submitted by Plaintiff, much less entered by the Court.  Therefore, Defendant is not in default and has indeed appeared in this case by filing the Demurrer and the Motion to Strike.

            Recognizing Plaintiff’s misunderstanding, the Court, which wishes all issues to be determined on their merit rather than by a party’s erroneous failure to oppose, on its own motion, continues the hearing for the Demurrer and Motion to Strike to August 14, 2024 at 8:30 a.m. in order to allow Plaintiff to file a substantive opposition, if desired.  All opposition and reply papers will be due based upon this new hearing date.

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 22nd day of July 2024