Judge: Katherine Chilton, Case: 22NWLC08651, Date: 2023-02-22 Tentative Ruling

Case Number: 22NWLC08651    Hearing Date: February 22, 2023    Dept: 25

PROCEEDINGS:      MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

MOVING PARTY:   Defendant Loyst P. Fletcher

RESP. PARTY:         Plaintiff Veritext LLC

MOTION FOR SUMMARY JUDGMENT

(CCP § 437c)

TENTATIVE RULING:

The hearing on Defendant Loyst P. Fletcher’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication is CONTINUED to MAY 17, 2023 at 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE.

SERVICE: 

[X] Proof of Service Timely Filed (CRC 3.1300)             OK

[X] Correct Address (CCP 1013, 1013a)                                     OK

[X] 75/80 Day Lapse (CCP 12c and 1005 (b))                     OK

OPPOSITION:          Filed on January 31, 2023.                                    [   ] Late                      [   ] None

REPLY:                     Filed on February 8, 2023.                                    [   ] Late                      [   ] None

ANALYSIS:

I.                Background

On April 18, 2022, Plaintiff Veritext LLC (“Plaintiff”) filed an action against Defendant Loyst P. Fletcher d/b/a Law Offices of Loyst P. Fletcher (“Fletcher”) (“Defendant”) for (1) breach of contract, (2) common counts, and (3) common counts.  On June 1, 2022, Defendant filed an Answer.

On October 19, 2022, the Court determined that the case is not a “collection hub” matter and ordered the case transferred to Department One for reassignment.  (10-19-22 Minute Order.)  On November 1, 2022, the case was assigned to Judge Katherine Chilton in Department 25 at the Spring Street Courthouse.  (11-1-22 Minute Order.)

On November 7, 2022, Defendant filed the instant Motion for Summary Judgment, or in the Alternative, Summary Adjudication (“Motion”).

On January 31, 2023, Plaintiff filed a Notice of Errata making amendments to the Complaint.

Plaintiff filed an Opposition to the Motion (“Opposition”) on January 31, 2023. 

On February 1, 2023, Defendant filed a Notice of Non-Opposition to Motion.  Defendant filed a Reply to the Opposition (“Reply”) on February 8, 2023.

On February 14, 2023, the Court continued the hearing on the Motion as it had not received the reply in a timely fashion.  (2-14-23 Minute Order.)

On the same day, Plaintiff filed a Motion for Leave to File First Amended Complaint, along with a copy of the First Amended Complaint, with a hearing reserved for May 8, 2023.

The Court again continues the hearing on the Motion to allow for Plaintiff’s Motion for Leave to File First Amended Complaint to be heard.

II.              Conclusion & Order

For the foregoing reasons,

The hearing on Defendant Loyst P. Fletcher’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication is CONTINUED to MAY 17, 2023 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.