Judge: Lee W. Tsao, Case: 23NWCV00556, Date: 2023-04-26 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 23NWCV00556    Hearing Date: April 26, 2023    Dept: SEC

First Imperial Properties, LLC v. Humanity Dental Service, Inc. 23NWCV00556

Plaintiff FIRST IMPERIAL PROPERTIES, LLC's Ex Parte Application for an Order to Correct the Name of Defendant, Erroneously Named in the Complaint as "Humanity Dental Service, Inc." to the Correct Name of "Humanity Dental Services, Inc." is DENIED. Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267 ("Highland Springs") is distinguishable from Plaintiff's request. Highland Springs states that the Court has the authority to amend a judgment to add an alter ego of an original judgment debtor in order to make an additional judgment debtor liable on the judgment after hearing a party's motion for leave to amend the judgment. Here, no judgment has been entered, and Plaintiff does not argue that "Humanity Dental Services, Inc." is the alter ego of "Humanity Dental Service, Inc." Rather, Plaintiff named and served the wrong defendant in this action. Plaintiff is not foreclosed from seeking leave to file an amended complaint naming the true defendant in this action.

 Alternatively, on the Court's own Motion, the Court specially sets Plaintiff's Motion for Leave to File a First Amended Complaint for hearing on Wednesday, May 10, 2023 at 1:30 p.m. in Dept. SE-C. Moving Papers to be filed and served by no later than April 27, 2023. Opposition to be filed and served by no later than May 3, 2023. Reply to be filed and served by no later than May 8, 2023.  Moving Party to give notice