Judge: Mark E. Windham, Case: 22STLC01632, Date: 2022-12-19 Tentative Ruling

Case Number: 22STLC01632    Hearing Date: December 19, 2022    Dept: 26

Cummings v. Millennium Alarm Systems, Inc., et al.


DEMURRER TO COMPLAINT AND MOTION TO RECLASSIFY

TENTATIVE RULING:

Defendant ADT, LLC’s Demurrer to the Complaint and Plaintiff Brad Cummings’ Motion to Reclassify are PLACED OFF CALENDAR.

ORDER TO SHOW CAUSE REGARDING STATUS OF REMOVED CASE IS SET FOR FEBRUARY 27, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On March 11, 2022, Plaintiff Brad Cummings (“Plaintiff”) filed the Complaint in this action against Millennium Alarm Systems, Inc., which was subsequently dismissed, and ADT, LLC (“Defendant”). Plaintiff filed the instant Motion to Reclassify on April 22, 2022. Defendant filed the instant Demurrer to the Complaint on July 13, 2022.

The Demurrer and Motion to Reclassify were concurrently set for hearing on August 31, 2022. Due to Defendant filing a Notice of Removal to Federal Court on August 30, 2022, the hearings on these two motions were continued. (Minute Order, 08/31/22.)

Pursuant to Los Angeles Superior Court Rule 3.22, the Court must set a date by which counsel must file a Notice of Status of Removed Case, at least 90 days after the date of removal. (LASC Rule 3.22.) The case was removed on August 29, 2022. (Notice of Removal, Exh. 1, p. 1.) Accordingly, defense counsel is ordered to file a Notice of Status of Removed Case by February 13, 2023. Order to Show Cause regarding status of removed case is set for February 27, 2022 at 9:30 am in Department 26 in the Spring Street Courthouse.

Court clerk to give notice.