Judge: Mark E. Windham, Case: BC714546, Date: 2023-01-24 Tentative Ruling

Case Number: BC714546    Hearing Date: January 24, 2023    Dept: 26

Harris v. 24 Hour Fitness, et al.

PETITION TO CONFIRM MINOR’S COMPROMISE

TENTATIVE RULING:

Plaintiff Lawrence Harris’ Petition to Confirm Minor’s Compromise 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 failed 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 were 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. (Minute Order, 07/19/22.) Plaintiff has thereafter filed multiple motions, including the instant “Petition to Confirm Minor’s Compromise,” but the Court has no jurisdiction to hear these motions or petitions in light of the dismissal. (See Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 261.)

Therefore, Plaintiff Lawrence Harris’ Petition to Confirm Minor’s Compromise is PLACED OFF CALENDAR.

Court clerk to give notice.