Judge: Margaret L. Oldendorf, Case: 22PDUD01959, Date: 2023-01-31 Tentative Ruling

Case Number: 22PDUD01959    Hearing Date: January 31, 2023    Dept: P

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

REGUS MANAGEMENT GROUP, LLC,

 

                                            Plaintiff,

vs.

 

QUEEN SEARLES, and Does 1 to 50,

 

                                            Defendants.

 

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Case No.: 22PDUD01959

 

 

[TENTATIVE] ORDER TAKING DEMURRER OFF CALENDAR

 

Date:   January 31, 2023

Time:  1:30 p.m.

Dept.:  P

 

           

            This is an unlawful detainer action concerning a license to use certain office space in Burbank, California. Plaintiff Regus Management Group, LLC filed the action August 16, 2022. On September 20, 2022, Defendant Queen Searles made an ex parte application for an extension of time to respond to the pleading. That application was denied and Searles was informed that she should answer as soon as possible.

            On November 1, 2022, default was entered against Searles.

            “The entry of a default terminates a defendant’s rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered. (Forbes v. Cameron Petroleums, Inc. (1978) 83 Cal.App.3d 257, 262–263, 147 Cal.Rptr. 766; 4 Witkin, Cal.Procedure (2d ed. 1971) Proceedings Without Trial, § 148, p. 2809; see Luz v. Lopes (1960) 55 Cal.2d 54, 59, fn. 2, 10 Cal.Rptr. 161, 358 P.2d 289.) ‘A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.’ (Citation.)” Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386, bolding added.

            Once default is entered the trial court is without jurisdiction to act on a request by the defendant other than for relief from the default. W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App.2d 67, 72. See also Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) ¶5:7.

            Given its lack of jurisdiction, the Court takes the demurrer off calendar.

            Plaintiff is ordered to give notice.

 

           

 

           

Dated:                                                                        _______________________________

                                                                                          MARGARET L. OLDENDORF

                                                                                 JUDGE OF THE SUPERIOR COURT