Judge: Mark E. Windham, Case: BC714546, Date: 2022-08-01 Tentative Ruling
Case Number: BC714546 Hearing Date: August 1, 2022 Dept: 26
MOTION
TO SEAL NAME EXTENSION
TENTATIVE RULING:
Plaintiff Lawrence Harris’ Motion to Seal Name Extension is PLACED
OFF CALENDAR.
ANALYSIS:
On July 19, 2018, Plaintiff Lawrence Harris (“Plaintiff”)
filed the instant action for mental harassment against Defendant 24 Hour
Fitness (“Defendant”). On February 7, 2020, the Court entered default against
Defendant.
Plaintiff’s request for default judgment was rejected on
August 17, 2020 on the grounds that the Complaint fails to state any viable
cause of action. (Notice of Rejection, 08/17/20.) Plaintiff was instructed to
file an amended Complaint to state a cause of action. (Ibid.) The Court
set an Order to Show Cause Re Entry of Default and Default Judgment, which was
held on September 9, 2020 and then continued to June 24, 2021. (Minute Order,
09/09/20.)
Plaintiff filed a First Amended Complaint on September 22,
2020. The Order to Show Cause was continued from June 24, 2021 to September 27,
2021. (Minute Order, 06/24/21.) On August 3, 2021, the Court rejected
Plaintiff’s request for entry for default for various omissions and
non-compliant proof of service. (Notice
of Rejection, 08/03/21.) Plaintiff’s continued requests for entry of default
were also rejected. (Notices of Rejection, 08/12/21 and 09/27/21.)
On September 27, 2021, the Court discharged the Order to
Show Cause Re Entry of Default and set a new Order to Show Cause re Filing of
Proof of Service or Dismissal for July 19, 2022. (Minute Order, 09/27/21.) From
October 2021 to April 2022, Plaintiff’s repeated requests for entry of default
have been rejected.
On March 25, 2022, without leave of Court, Petitioner filed
an Amended Petition asking to be placed on the Minnesota Timberwolves
basketball team.
On July 19, 2022, at the Order to Show Cause Re Filing of
Proof of Service or Dismissal, the Court dismissed the action without
prejudice. Accordingly, all future hearing dates, including that of the instant
Motion to Seal, are vacated.
Plaintiff Lawrence Harris’ Motion to Seal Name Extension is PLACED
OFF CALENDAR.
Court clerk to give notice.