Judge: Melvin D. Sandvig, Case: 23CHCV03313, Date: 2024-06-03 Tentative Ruling

Case Number: 23CHCV03313    Hearing Date: June 3, 2024    Dept: F47

Dept. F47

Date: 6/3/24

Case #23CHCV03313

SUMMARY ADJUDICATION

Motion filed on 2/29/24.

MOVING PARTY: Plaintiff Crossroads Equipment Lease and Finance, LLC

RESPONDING PARTY: Defendants Gold Standard Express LLC and Hermine Karapetyan

RELIEF REQUESTED: An order granting summary adjudication of the 1st cause of action and 2nd cause of action in the complaint in favor of Plaintiff and against Defendants.

RULING: The hearing on the motion is placed off calendar.

On 10/31/23, Plaintiff Crossroads Equipment Lease and Finance, LLC (Plaintiff) filed this action against Defendants Gold Standard Express LLC (Gold Standard) and Hermine Karapetyan (Karapetyan) (collectively, Defendants) for: (1) Breach of Written Agreement, (2) Breach of Guaranty, (3) Account Stated, (4) Unjust Enrichment and (5) Open Book Account.

On 12/27/23, Karapetyan filed an answer to the complaint. On 1/4/24, default was entered against Gold Standard.

On 2/29/24, Plaintiff filed and served, by USPS mail, the instant motion seeking an order granting summary adjudication of the 1st cause of action and 2nd cause of action in the complaint in favor of Plaintiff and against Defendants. (See Proof of Service filed 2/29/24). However, the proof of service for the motion contains an incorrect zip code for Defendants’ counsel (91317 (incorrect) v. 91387 (correct)). There is no opposition or other response to the motion by Defendants to cure the defect in notice. Therefore, the hearing on the motion is placed off calendar.

Although the motion is being placed off calendar, the Court notes that it is not clear why the motion addresses the 1st cause of action for breach of written agreement which is alleged solely against Gold Standard (and Does 1-100) when default was entered against Gold Standard on 1/4/24 almost two months before the instant motion was filed on 2/29/24.