Judge Lisa R. Jaskol, Case Number: 21STCV19791, Date: 2025-02-25 Tentative Ruling

Judge: Lisa R. Jaskol, Case: 21STCV19791, Date: 2025-02-25 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.    If you elect to argue your matter, you are urged to do so remotely, via Court-Connect.

                            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court. This does not excuse a moving party's need to do one of the following: appear; submit; or take a matter off calendar by canceling the motion in the case reservation system before issuance of the tentative ruling if the matter moving party does not intend to proceed.

        If you submitted a courtesy copy of your papers containing media (such as a DVD or thumb drive), unless you request the return of the media in your papers, the court will destroy it following the hearing of your matter.

Case Number: 21STCV19791 Hearing Date: February 25, 2025 Dept: 28

On August 13, 2024, the Court continued the hearing on Defendant Magic Mountain, LLC's ("Defendant's") motion for judgment on the pleadings to allow the Santa Clara County Superior Court to rule on Defendant's demurrer in case number 21CV376599. As Department 1 explained on May 9, 2024: “Defendant’s pending motion and defense in the Los Angeles action is based upon the outcome of Plaintiff’s efforts to alter the judgment of dismissal entered in 21CV376599 . . . .” Thus, “any potential risk of [inconsistent] rulings arising from Defendant’s assertions of the res judicata defenses in the Los Angeles case is more efficiently resolved by a stay or continuance to allow the Santa Clara court to address the issues raised regarding its judgment in 21CV376599.”

Subsequently, however, the Santa Clara County Superior Court transferred its case to Los Angeles, where it was assigned to Department 19 in the Stanley Mosk Courthouse under case number 24STCV29367. Defendant’s demurrer is now set for hearing on April 28, 2025 in Department 19.

Because Defendant's demurrer remains unresolved, the Court again continues the hearing on Defendant’s motion for judgment on pleadings. The Court continues the hearing on Defendant's motion for judgment on the pleadings to May 28, 2025 or the next available date.