Judge: Mark H. Epstein, Case: 22SMCV02944, Date: 2024-01-29 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 22SMCV02944    Hearing Date: January 29, 2024    Dept: I

The unopposed motion for leave to amend is DENIED.  The court is not sure that there is a tort for “Interference with Plaintiff’s Civil Rights” where the alleged interference appears to be parental alienation of the child.  That issue belongs in Family Court, not the civil court.  The court will see the parties again on February 7, 2024, to discuss how this case fits in with other cases the parties have.  To the extent plaintiff is attempting to vindicate the rights of the minor child, the minor child is not a plaintiff.