Judge: Jon R. Takasugi, Case: 23STCV14367, Date: 2025-05-05 Tentative Ruling

Case Number: 23STCV14367    Hearing Date: May 5, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

EX PARTE

            Defendant’s ex parte applications are DENIED.

On 2/2/2024, the Court entered its Statement of Decision in this case.

On 2/22/2024, Defendant filed a Notice of Intent to Move for New Trial.

On 3/18/2024, the Court denied Defendant’s motion for new trial.

On 5/16/2024, Defendant filed a Notice of Appeal/Cross-Appeal.

On 7/29/2024, Judgment was entered in this action.

On 10/242024, Defendant’s appeal was dismissed.

Now, Defendant moves ex parte to set aside judgment, and for a stay of execution of judgment until the motion to set aside judgment can be heard.

CCP section 663a provides:  

(a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made, and specifying the particulars in which the legal basis for the decision is not consistent with or supported by the facts, or in which the judgment or decree is not consistent with the special verdict, either:

(1) After the decision is rendered and before the entry of judgment.

(2) Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest.

(b) Except as otherwise provided in Section 12a, the power of the court to rule on a motion to set aside and vacate a judgment shall expire 75 days from the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or 75 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move to set aside and vacate the judgment. If that motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court….

Thus, the Court’s authority to set aside judgment expired on 10/12/2024, 75 days after judgment was entered on 7/29/2024. Defendant did not move to set aside judgment until 5/2/2025, nearly seven months later. As such, the Court lacks the authority to set aside judgment, and the ex parte application to move to set aside must be denied. Similarly, the motion for a stay pending the hearing of that motion is also denied.

Finally, the Court notes that it already considered, and rejected, Defendant’s motion for new trial. Defendant’s ex parte does not set forth any new law or facts which would suggest that a different ruling would be reached or that different arguments would be advanced.

It is so ordered.

Dated:  May    , 2025

   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.  For more information, please contact the court clerk at (213) 633-0517.