Judge: Holly J. Fujie, Case: 23STCV29843, Date: 2024-05-14 Tentative Ruling

Case Number: 23STCV29843    Hearing Date: May 14, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:                Defendant Real Soon Entertainment, LLC (“Real”)

RESPONDING PARTY:        Plaintiff Leonardo M. Lopez

            The Court has considered the moving papers.  No opposition or reply papers have been filed as of May 9, 2024.

BACKGROUND

             Plaintiff is the owner of premises located at 816 S. La Brea Avenue.  Plaintiff leased the premises to non-party Jason Djuan Reed (“Reed”).  Plaintiff alleges Reed used the premises as the principal place of business of Defendants Real and Up La Brea Studios.  Plaintiff filed an unlawful detainer action against Reed and obtained a judgment against him on October 4, 2024 in the amount of $34,323.27. 

            Plaintiff alleges Reed has not paid the judgment or vacated the premises and that  Defendants continue to operate on the premises illegally. 

            On December 12, 2023, Plaintiff filed this action against Defendants, alleging: (1) injunctive relief; (2) trespass; (3) unjust enrichment; and (4) waste.    

DISCUSSION

            Defendant Real moves to quash (the “Motion”) personal service of the summons and complaint (collectively, the “Complaint”), proof of service of which on December 10, 2023 was filed with the Court on December 15, 2023.  (Motion, Ex. A.)  In response to the Motion, Plaintiff served the Complaint again by personal service on March 22, 2024.  The person served was Jason Djuan Reed, Defendants’ agent for service of process.  (Motion, Reed Dec., ¶¶1-2.)  Proof of personal service on Reed was filed on May 3, 2024.  Defendant’s Motion to Quash is therefore moot. 

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 14th day of May, 2024