Judge: Maurice A. Leiter, Case: 22STCV34133, Date: 2025-02-27 Tentative Ruling

Case Number: 22STCV34133    Hearing Date: February 27, 2025    Dept: 54

Hearing Date: February 27, 2025

Department 54, Judge Maurice A. Leiter

Motion to Enter Separate Judgment

Moving Party: Defendants/Cross-Complainants Darryl Wong and 3344 Rowena Avenue LLC

Responding Party: Cross-Defendant Emily Apsland

T/R:      DEFENDANTS' MOTION TO ENTER SEPARATE JUDGMENT IS GRANTED.

DEFENDANTS 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, opposition, and reply.

Code of Civil Procedure § 579 provides: “In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.” This means “[i]f no sufficient case is stated against one of several defendants, a final judgment may be entered disposing of the case as to him.” (Weisz v. McKee (1939) 31 Cal.App.2d 144, 147.)

Defendants move to enter a separate judgment in their favor against Plaintiff. The Court granted Defendants’ motion for summary judgment against Plaintiff on July 10, 2024, leaving only claims against Defendant Apsland. On December 31, 2024, Plaintiff filed a request to dismiss the entire case, which the Court granted on January 2, 2025. Defendants seek a separate judgment from the dismissal so they may seek indemnification from Apsland on their cross-complaint against her.

Apsland does not oppose the request to enter a separate judgment. Instead, Apsland is concerned that the instant motion seeks some sort of factual determination against her. As stated in Defendant’s reply, this concern is based on a misreading of the moving papers.

Defendants’ motion is GRANTED.