Judge: Michael Small, Case: 22STCV22987, Date: 2023-08-24 Tentative Ruling

Case Number: 22STCV22987    Hearing Date: August 24, 2023    Dept: 57

Pending before the Court is the demurrer of Defendants Jessica Park and DJK, Inc. to Plaintiff's First Amended Complaint ("FAC").  Defendants filed their demurrer on July 28, 2023.  At that time, the Defendants were in default, and had been in that status for three months.  That is because after the Defendants failed to file a timely response to the FAC, Plaintiff requested that the Clerk of the Court enter a default against the Defendants. The Clerk granted that requested and entered the default on April 26, 2023.  The effect of the entry of the default was to eliminate Defendants' right to appear in this case at all, other than to move to have the  default lifted.  (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.)  That is the only motion that the Defendants could file once the default was entered.  They had no right to file their demurrer.  (W.A. Rose Co. v. Municipal Court (FitzSimmons)  (1959) 176 Cal.App.2d 67, 72.)  Correspondingly, the entry of the default deprives this Court of jurisdiction to consider the demurrer.  The Court has not considered it.  Accordingly, the Court is taking the demurrer of calendar.  The Court is setting an order to show cause for entry of a default judgment, and is vacating all future hearing dates in the case, including the trial date.