Judge: Kevin C. Brazile, Case: 23STCV11747, Date: 2024-04-04 Tentative Ruling

Hearing Date: April 4, 2024

Case Name: Happy Sky Inc. v. Hart, et al.

Case No.: 22STCV38231

Matter: Motion to Clarify

Moving Party: Plaintiff Happy Sky Inc.

Responding Party: Unopposed

Notice: OK

This is an unlawful detainer matter.  On March 16, 2023, following a non-jury trial, the Court issued a minute order that states in relevant part: “Happy Sky is the owner of the property as of this date 3/16/2023 and is deemed in possession of the property. . . . As to Novelette Woods the matter is stayed and needs to be referred to the United States Attorney's Office. The matter is stayed as to eviction but rent is incurring. Plaintiff's counsel is ordered [ ] to submit this matter to the United States Attorney's Office. If counsel is to file a new eviction action, the court deems that matter should be related to this action. Counsel is advised to file a Notice of Related case, if a new action is filed.”

A new eviction case was filed in Dept. 97 (23STUD03958) that proceeded to trial with a finding for Woods on a motion for nonsuit “on the basis of the previous ruling made by Judge Brazille, which found that Plaintiff has possession.”

Plaintiff Happy Sky Inc. now seeks a ruling clarifying the Court’s March 16, 2023, minute order.  Specifically, Plaintiff states the Court should clarify “whether it is Plaintiff or Defendant NOVELETTE D. WOODS who has a right to possession of the premises located at 4601 W. Slauson Avenue, Los Angeles, California 90043.” 

No opposition was filed.  

The Court is not clear on what ambiguity exists and what effect it had.  Is Plaintiff contending that Dept. 97 stated that Plaintiff lost its eviction case because Dept. 20 stated that Plaintiff already had possession, when the Court meant that Plaintiff was entitled to possession?  The minute order clearly stated that the action was stayed as to Woods.  This matter will be discussed further at the Motion hearing.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.