Judge: Michael Small, Case: 23STCV23836, Date: 2024-05-02 Tentative Ruling

Case Number: 23STCV23836    Hearing Date: May 2, 2024    Dept: 57

Pending before the Court is the motion of specially appearing Defendant HLB90067 for an order 
quashing Plaintiff Deaven Booker's service of the summons and complaint on the ground that Booker did not comply with the statutory requirements for adding a "Doe" defendant, or, in the alternative, for an order striking Booker's Doe Amendment on the ground that it does not relate back to the date of Booker's complaint and the claims against HLB90067 are time-barred.  Booker did not file an opposition.  The Court is inclined to continue the hearing on HLB90067's motion to give Booker time to file an opposition in light of the declaration submitted earlier this week by Booker's counsel Brad Kane that offers an explanation of the circumstances surrounding Booker's failure to file an opposition.  HLB90067 would be given an opportunity to file a reply brief in support of the motion.