Judge: Mark E. Windham, Case: 23STCP02559, Date: 2023-11-27 Tentative Ruling

Case Number: 23STCP02559    Hearing Date: December 5, 2023    Dept: 26

Randle v. Felix, et al. 

HEARING ON PETITION

TENTATIVE RULING:

HEARING ON THE PETITION IS PLACED OFF CALENDAR. THE MATTER IS SET FOR TRIAL ON JULY 22, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On July 21, 2023, Plaintiff Otto Randle (“Plaintiff”) filed the “Petition” in the instant action against Defendants Jesus Felix and Bank of America Corp. (“Defendants”). The Petition is allegedly for “Asset Forfeiture” and was set for hearing on November 27, 2023. Plaintiff was ordered to give notice of the hearing. (Notice of Hearing, 07/21/23.) Plaintiff filed a First Amended Petition on July 27, 2023 but no notice of hearing. Defendant Bank of America filed an answer on August 31, 2023.

When filed, the case was designated “Other Civil Petition” and set for hearing with respect to the Petition on November 27, 2023. The action does not appear to be a petition, however. Nor does it appear that Plaintiff gave Defendants notice of the hearing date. Accordingly, the Court changes the designation of this case from “Other Civil Petition” to “Other Complaint” and takes the hearing on the petition off calendar. The matter is set for trial on July 22, 2024 at 8:30 am in Department 26 in the Spring Street Courthouse.

Court clerk to give notice.