Judge: Mark E. Windham, Case: 19STCV31718, Date: 2022-12-14 Tentative Ruling

Case Number: 19STCV31718    Hearing Date: December 14, 2022    Dept: 26

Chicuace v. Gomez, et al.

(1) MOTION TO RECLASSIFY
TENTATIVE RULING:

No motion has been filed - thus it is taken off calendar. 



(2)MOTION TO CHANGE DEFNDANT’S NAME

Plaintiff Chicuace Chicuace’s Motion to Amend Change Defendants Names is DENIED.

ANALYSIS:

On September 6, 2019, Plaintiff Chicuace Chicuace (“Plaintiff”) filed the Complaint in this action for slander against Defendants Jimmy A. Gomez and Leonard Mata (“Defendants”).” Initially, the case was incorrectly classified as a class action; upon correction the case was reclassified to the limited jurisdiction court on September 17, 2019. On July 8, 2020, the Court granted Defendants’ Motion to Quash Service of the Summons. (Mintue Order 07/08/20.) Plainitff filed proofs of personal service of the Summons and Complaint on November 15, 2021.

The Court set an Order to Show Cause Re Failure to File Proof of Service and Failure to File Default Judgment for March 21, 2022, which was then continued to September 7, 2022. (Minute Order, 03/21/22.)

On August 10, 2022, Plaintiff filed the instant Motion to Amend Change Defendants Name.

The Order to Show Cause was continued from September 7, 2022 to September 19, 2022. (Minute Order 09/09/22.) 

Despite a reservation for a Motion to Reclassify, which is also set for hearing on December 14, 2022, it does not appear that any pending Motion to Reclassify has been filed.

Discussion

The Motion to Amend Change Defendants Name is not supported by any legal authority or evidence. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, rule 3.1113(b).) Indeed, Plaintiff’s failure to provide a memorandum as required by the Rule is an “admission that the [request] is without merit and cause for its denial.” (Cal. Rules of Court, Rule 3.1113, subds. (a), (b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 976.)

The Court notes that this is the fifth motion filed by Plaintiff for which no supporting memorandum has been provided. (See Minute Orders, dated 07/14/22, 08/29/22, 08/30/22, 09/19/22.) Plaintiff has been made well aware of the requirements to bring a proper motion for relief.

Conclusino

Therefore, Plaintiff Chicuace Chicuace’s Motion to Amend Change Defendants Name is DENIED.

Order to Show Cause Re Re Failure to File Proof of Service and Failure to File Default Judgment is set for January 12, 2023 at 9:30 am in Department 26 in the Spring Street Courthouse.

Court clerk to give notice.