Judge: Michael E. Whitaker, Case: 24SMCV03867, Date: 2025-05-15 Tentative Ruling
Case Number: 24SMCV03867 Hearing Date: May 15, 2025 Dept: 207
TENTATIVE RULING
|
DEPARTMENT |
207 |
|
HEARING DATE |
May 15, 2025 |
|
CASE NUMBER |
24SMCV03867 |
|
MOTIONS |
1.
Demurrer to Cross-Complaint 2.
Anti-SLAPP |
|
MOVING PARTIES |
Cross-Defendants Leonard H. Lyons and Stacey Goldstein |
|
OPPOSING PARTY |
Cross-Complainant Sara Ledterman |
BACKGROUND
This case arises from a failed business relationship.
On August 9, 2024, Plaintiff Leonard H. Lyons (“Lyons”) filed suit
against Defendant Sara Ledterman (“Ledterman”), alleging four causes of action
for (1) breach of written contract; (2) quantum meruit; (3) open book account;
and (4) account stated, alleging Lyons and Ledterman entered into a
professional services agreement, but Ledterman refused to pay Lyons for
professional services rendered.
On February 20, 2025, Ledterman filed a cross-complaint against Lyons
and Stacey Goldstein (“Goldstein”) (together, Cross-Defendants”) alleging nine
causes of action as follows:
(1)
intrusion into private affairs
(2)
fraudulent/intentional misrepresentation
(3)
negligent misrepresentation
(4)
willfully deceiving another
(5)
abuse of process
(6)
breach of oral contract
(7)
quantum meruit
(8)
declaratory relief
(9)
injunctive relief
On April 1, 2025, Cross-Defendants
filed a special motion to strike (“anti-SLAPP”). On April 9, 2025, default was entered against
both Cross-Defendants with respect to the Cross-Complaint. On April 10, 2025, Cross-Defendants demurred
to the first, third, fourth, fifth, sixth, seventh, and eighth causes of action
for failure to state facts sufficient to constitute a cause of action, pursuant
to Code of Civil Procedure, section 430.10, subdivision (e). In addition, Cross-Defendants demurred to the
fifth cause of action on the grounds of uncertainty, pursuant to Code of Civil
Procedure, section 430.10, subdivision (f).
On April 11, 2025, a stipulation was
filed purporting to withdraw the fifth cause of action in the Cross-Complaint
and to withdraw Cross-Complainant’s request for default judgment. However, the Court denied the stipulation on
April 28, 2025 on the grounds that the Court could not discern from the
language of the stipulation whether the parties were stipulating to set aside
the defaults entered against Cross-Defendants on April 9, 2025.
On April 10, 2025, Cross-Defendants
filed a “Notice of Modification of Requests” regarding Cross-Defendants’
anti-SLAPP motion, indicating the motion should be deemed moot with respect to
the fifth cause of action, and as such, “Cross-Complainant withdraws his
request for attorney’s fees.”
Cross-Complainants have opposed the
anti-SLAPP motion and demurrer.
ANALYSIS
Because defaults were entered
against both Cross-Defendants on April 9, 2025, and those entries of default
have not been set aside, Cross-Defendants lack standing to demur or move to
strike portions of the Cross-Complaint.
CONCLUSION AND ORDER
Therefore, in lieu of denying the motion, the Court continues the
hearing on the Demurrer and the Anti-SLAPP to June 23, 2025 at 8:30 A.M. in
Department 207 to enable the Cross-Defendants to either stipulate or move to
set aside the defaults entered against them on April 9, 2025.
Further, on its own motion, the Court will advance and continue the
Status Conference re Discovery, ADR and Motion Practice from June 5, 2025 to
June 23, 2025 at 8:30 A.M. in Department 207.
The parties are reminded that a Joint Status Conference Report is due 5
court-days before the scheduled conference.
Further, the Court orders Defendant and Cross-Complainant Sara
Ledterman to provide notice of the Court’s orders, and file the notice with a
proof of service forthwith.
DATED: May 15, 2025 ___________________________
Michael
E. Whitaker
Judge
of the Superior Court