Judge: Lee W. Tsao, Case: 24NWCV02737, Date: 2024-10-10 Tentative Ruling

Case Number: 24NWCV02737    Hearing Date: October 10, 2024    Dept: C

Carr v. Trader Joe’s Company, Inc.  24NWCV02737

Plaintiff Dr. Firpo Wycoff Carr, PhD (“Plaintiff”) applies ex parte for entry of default judgment against Defendants Trader Joe’s Company and Jeff Kirby (“Defendants”) for failure to timely answer the Complaint.  In the complaint filed on August 16, 2024, Plaintiff sues Defendants for Intentional Infliction of Emotional Distress and Defamation concerning an incident that occurred on June 13, 2024.  On September 25, 2024, Defendants filed a Declaration requesting an automatic 30-day extension of time within which to file a responsive pleading due to the fact that counsel was retained on September 24, 2024, and had not been able to meet and confer with Plaintiff before filing a demurrer.  On October 2, 2024, Plaintiff filed a request for entry of default and a Responsive Declaration to Defendants’ Request for Automatic Extension.  The matter was scheduled for a hearing date for July 8, 2025.  On October 3, 2024, the Court issued a Notice of Rejection of Default and instructed Plaintiff to refile the request for entry of default after the Court rules on Plaintiff’s Opposition to Defendants’ Request for Automatic Extension on July 8, 2025.  The Court has reviewed Defendants’ Request for Automatic Extension and Plaintiff’s Opposition and rules as follows: Plaintiff’s Ex Parte Application for Entry of Default is DENIED.  On the Court’s own motion, the hearing on Plaintiff’s Opposition to Defendants’ Request for Automatic Extension is ADVANCED to today’s date and DENIED.  Defendants’ Request for Automatic Extension is GRANTED.  Clerk to give notice.