Judge: Jon R. Takasugi, Case: 20STCV36320, Date: 2022-08-09 Tentative Ruling

Case Number: 20STCV36320    Hearing Date: August 9, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant Mayorga’s motion to quash is GRANTED.

On 9/22/2020, Plaintiffs Brian McCaughey, Azul Weldon, and Kester Lopez initiated this action (collectively, Plaintiffs). On 5/4/2020, Plaintiffs filed a third amended complaint (TAC) against LAUSD, 31st District PTA, Council PTA 31st District, Calvert PTA, and Damaris Mayorga, alleging: (1) fraud; (2) breach of duty; (3) misappropriation of funds; (4) wrongful or gross negligent acts; (5) misleading statements and no transparency; (6) discrimination against PTA members; (7) violation of PTA bylaws and LAUSD policy; (8) misrepresentation for fundraising activities ; and (9) nonaction by the LAUSD executive board members and PTSA 31th District.

            On 9/29/2021, the Court granted Defendants LAUSD and Mayorga’s ex parte application to dismiss Plaintiffs’ untimely fourth amended complaint (4AC). 

            On 1/18/2022, the Court denied Plaintiffs’ motion for reconsideration. 

            Now, Defendant Mayorga moves to quash Plaintiff’s improper service of the 4AC on her.

            The motion is unopposed.

Discussion 

            Defendant Mayorga contends that despite having been dismissed from this action with prejudice, Plaintiff’s counsel, Sylvia Bedrosian, has since attempted to serve her with a 4AC on behalf of the “Calvert PTA.”

            Plaintiff’s counsel’s conduct is concerning for a number of reasons. First, as noted, Defendant Mayorga has been dismissed from this action with prejudice. Second, the 4AC failed to comply with basic service requirements as it was unaccompanied by a summons or ADR packet. Third, the 4AC attempts to serve Defendant Mayorga on behalf of the “Calvert PTA” despite that Defendant Mayorga is not the agent for service or authorized to accept service on behalf of the disbanded PTA. Fourth, Plaintiff’s counsel did not file an opposition to this motion, and thus has not made even a minimal effort to explain or defend her actions.

            Based on the foregoing, Defendant Mayorga’s motion to quash is granted.

It is so ordered.

Dated:  August    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.