Judge: Mark H. Epstein, Case: 21SMCV01968, Date: 2023-08-25 Tentative Ruling

Case Number: 21SMCV01968    Hearing Date: March 28, 2024    Dept: I

The request for a continuance, made with no supporting papers, is DENIED.  The hearing will go forward today.  There will be no court reporter because no court reporter was timely requested.

The applications for writs of attachment are DENIED.  First, the court sees notices, but no actual applications.  Even if there were, many are for parties who are not in the case.  (They were not named in the most recent iteration of Ramirez’s cross-complaint.  On December 6, 2023, the court gave Ramirez leave to amend the cross-complaint to add them back by filing an amendment to the cross-complaint along very specific lines within 20 days.  However, Ramirez did not take advantage of the leave given him, which the court noted on February 20, 2024.  Accordingly, those cross-defendants are not in default; indeed they are not cross-defendants at all.)

Further, with the exception of the request pertaining to Mayendia and Yan, Ramirez sues everyone else in tort (were they still parties) and the writ does not lie in tort.  As to Mayendia and Yan, the court does not believe that Ramirez has made the showing needed to obtain the writ, especially given the lack of any supporting papers.