Judge: Jon R. Takasugi, Case: 22STCV13457, Date: 2022-12-05 Tentative Ruling

Case Number: 22STCV13457    Hearing Date: December 5, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ demurrer is MOOT.

            On 4/21/2022, Plaintiff CBD Franchising, Inc. filed suit against Central Jersey Doors & Closets, LLC, Mary Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2)  breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices.

            Now, Defendants Mary Conway, William Conway, and Central Jersey Doors & Closet, LLC (collectively, Defendants) demur to Plaintiff’s Complaint.

Discussion 

Defendants’ demurrer is defective for a number of reasons.

As a preliminary matter, Defendants’ demurrer seeks to join in One Days’ demurrer. However, One Days’ demurrer was already considered, and ruled upon, on 10/7/2022. Accordingly, it is no longer procedurally possible for the Defendants here to join that motion.

Second, the Court’s 10/7/2022 ruling overruled One Days’ demurrer. As such, to the extent that Defendants here join One Days’ arguments, those arguments were already rejected by this Court.

Third, Plaintiff filed notices of the entry of default against Defendants. Accordingly, until default has been set aside, Defendants may not affirmative litigate this matter, and the Court may not substantively consider this motion. (See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-86, noting that the entry of default terminates a defendant’s rights to take any further affirmative steps in litigation until either his default is set aside or a default judgment is entered.)

Based on the foregoing, Defendants’ demurrer is MOOT.  

It is so ordered.

Dated:  December    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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