Judge: Michelle C. Kim, Case: 21STCV02758, Date: 2023-05-24 Tentative Ruling

Case Number: 21STCV02758    Hearing Date: March 18, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

KARI ACOSTA, 

Plaintiff(s),  

vs. 

 

HOSSEIN NOURI, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV02758 

 

[TENTATIVE] ORDER RE: DEMURRER TO COMPLAINT  

 

Dept. 31 

1:30 p.m.  

March 18, 2024 

 

Defendant The Hertz Corporation, erroneously sued as Hertz Corporation and Hertz Vehicle LLC, (“Hertz”) filed its demurrer to Plaintiff’s complaint on February 15, 2024. However, default was entered against Hertz Corporation and Hertz Vehicle LLC on February 9, 2024.   

 

Entry of default cuts off a party’s right to appear in the action, including by filing pleadings, until default is set aside. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-86.) Hertz has not moved to set aside the February 9, 2024 default, nor is there any evidence that the parties have stipulated to set it aside.  

 

Hertz has no right to bring its demurrer at this point in time, and it is therefore overruled without prejudice. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 22nd day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court