Judge: Mark C. Kim, Case: 21LBCV00423, Date: 2023-02-23 Tentative Ruling

Case Number: 21LBCV00423    Hearing Date: February 23, 2023    Dept: S27

Plaintiff Trika Sprewell (“Plaintiff”) filed this action against Defendant Juana Flores (“Defendant”) on August 10, 2021.  Plaintiff’s complaint is for quiet title and declaratory relief, and alleges Plaintiff is the exclusive title holder to the subject property and Defendant is wrongfully asserting a claim to the property.

On May 6, 2022, Defendant filed a Cross-Complaint.  The operative pleading is the First Amended Cross-Complaint (“FACC”), which asserts causes of action for quiet title, ejectment, cancellation of grant deed, elder abuse, conversion, and IIED, against Plaintiff and Solange Rutledge (“Rutledge”).

On January 20, 2023, Defendant filed the instant motion for trial preference as to the FACC.

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Legal Standard

Code of Civil Procedure section 1005(b) requires that all motions be served on all the parties that have appeared in the case at least sixteen days before the hearing on the motion, plus any time for method of service.

Analysis

            Here, while Defendant served the motion on Plaintiff, she failed to serve it on Rutledge.  To the extent Rutledge has any opposition, she should have the opportunity to oppose the motion.

            Thus, the Court CONTINUES Defendant’s Motion for Trial Preference.

            Conclusion

The Court CONTINUES Defendant’s Motion for Trial Preference to  March 7, 2023.  Defendant is ordered to serve the moving papers on Rutledge, and give notice of the new hearing date to Plaintiff and Rutledge.

Defendant is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.