Judge: Michelle C. Kim, Case: 21STCV32950, Date: 2024-04-18 Tentative Ruling

Case Number: 21STCV32950    Hearing Date: April 18, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

RICHARD HARRIS, 

Plaintiff(s),  

vs. 

 

HB LAND ENTERPRISES LLC, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV32950 

 

[TENTATIVE] ORDER RE: DEMURRER TO COMPLAINT 

 

Dept. 31 

1:30 p.m.  

April 18, 2024 

 

Defendants H.B. Land Services LLC and Saade Nowyhed (“Defendants”) demur to Plaintiff’s complaint on the grounds that it fails to state a cause of action against them. Plaintiff is in pro per.  

 

Before proceeding on the merits, Defendants must first resolve the procedural issue of service. The proof of service provides that Plaintiff was served by electronic service. It is unclear as to whether Plaintiff was served by mail, as this part of the proof of service was not affirmatively indicated. As such, it appears that Plaintiff was served only via electronic service. However, unrepresented parties must affirmatively consent to accept service by electronic service. (Cal. Code Civ. Proc. § 1010.6.) There is no evidence that Plaintiff agreed to electronic service.  

 

Defendants must affirmatively provide proper proof of service before the Court will consider the motion on its merits. If Defendants submit a declaration clarifying the issue prior to the hearing, the Court will adjust this tentative accordingly to rule on the motion.   

 

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 17th day of April 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court