Judge: Maurice A. Leiter, Case: 22STCV06085, Date: 2023-03-29 Tentative Ruling

Case Number: 22STCV06085    Hearing Date: March 29, 2023    Dept: 54

Hearing Date: March 29, 2023

Department 54, Judge Maurice Leiter

Motion to Substitute Party;

Motion to Join Indispensable Party

Moving Party: Third-Party Shmuel Erde

Responding Party: None

T/R:     ERDE’S MOTION TO SUBSTITUTE PARTY IS GRANTED.

ERDE’S MOTION TO JOIN INDISPENSIBLE PARTY IS DENIED.

ERDE TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

            Third-party Shmuel Erde moves to be substituted in as Defendant in place of 4276 Crenshaw Investment LLC. Erde represents that he is the managing member and sole shareholder of Crenshaw. Erde provides a corporate resolution showing Crenshaw has transferred all its interests, claims and rights to Erde on November 29, 2022. (Mot. Exh. A.)

            As Erde is the assignee of Crenshaw, the Court will GRANT the motion to substitute Erde in place of Crenshaw. The Court notes, however, that Crenshaw is in default. Once substituted in, Erde must move to set aside default before Erde may participate in litigation. A defaulted party may not file substantive motions other than a motion to set aside default. Accordingly, Erde’s motion to join indispensable party is DENIED.