Judge: Kevin C. Brazile, Case: 24STCV07835, Date: 2024-08-22 Tentative Ruling

Hearing Date: August 22, 2024

Case Name: Redd v. Feldman, et al.

Case No.: 23STCV31118

Matter: Motion to “Correct Register of Actions”

Moving Party: Plaintiff Latoya S. Redd

Responding Party: (1) Defendants Thomas Kovich and William R. Johnson

(2) Defendants Marc S. Feldman, Boshra G. Khoder, and Brett G. 

Hampton

Notice: OK

Ruling: The Motion is granted.

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. 

On May 15, 2024, the Court entered defaults for Defendants Marc S. Feldman, Boshra G. Khoder, and Brett G. Hampton.

On July 1, 2024, the Court entered defaults for Defendants Thomas Kovich and William R. Johnson.

Since their defaults, the aforementioned Defendants filed answers, demands for jury trial, demurrers, and anti-SLAPP motions, among other filings.

Plaintiff Latoya Redd has filed a Motion indicating “[e]ntries of default were entered against Defendants Marc S. Feldman, Brett G. Hampton, Boshra G. Khoder, William R. Johnson, and Thomas Kovich on May 15, 2024 and July 1, 2024, respectively. As a result, any pleadings or filings after those dates from these Defendants should be stricken from the record and / or register of actions, including, but not limited to, the Answer filed on May 16, 2024 and the Demurrer and accompanying papers filed on July 2 and 3, 2024.”

Defendants oppose the Motion on the ground that their defaults should be set aside.  They have filed affirmative motions for this relief set for September 13, 2024, and October 4, 2024.

The Court cannot set aside defaults based on a request in an opposition.  That is an issue for Defendants’ motions set for September and October. 

Given that the subject Defendants have defaulted, they have no right to participate in this action, and all of their filings—which came after their defaults—are void, with the exception of their motions to set aside default.  Therefore, the Court will strike these filings. 

The Motion is granted.

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.