Judge: Olivia Rosales, Case: 22NWCV00352, Date: 2024-11-05 Tentative Ruling
Case Number: 22NWCV00352 Hearing Date: November 5, 2024 Dept: F
NATIONAL COMMERCIAL
RECOVERY, INC. v. NAVPEAK, INC.
CASE
NO.: 22NWCV00352
HEARING:
11/05/24
#29
Plaintiff
NATIONAL COMMERCIAL RECOVERY, INC.’s unopposed Motion to Continue Trial and
Related Dates is DENIED without
prejudice.
Moving
Party to give Notice.
No
Opposition filed as of November 4, 2024.
This
collections action was filed by Plaintiff NATIONAL COMMERCIAL RECOVERY, INC.,
dba Blair Smith and Associates (“Plaintiff”) against Defendants NAVPEAK, INC.;
BILL LI; SEBASTIAN SCHILDHORN; and KENNETH REDDING (collectively “Defendants”)
on May 5, 2022.
Default
Judgement against all defendants was entered on April 6, 2023.
On
January 4, 2024, Defendant Kenneth Redding’s Motions to Set Aside Default and
Default Judgment and Quash Service of the Summons and Complaint were GRANTED. On
February 8, 2024, Defendant Redding’s Answer was filed.
On
July 29, 2024, Counsel for Defendant Redding filed a Notice of Death
Certificate, with Defendant Redding’s death certificate attached.
On
August 6, 2024, Counsel for Defendant Redding obtained an Order relieving them
as counsel of record for Kenneth Redding. This Court’s August 6, 2024 Order
states: “The attorney declaration demonstrates good cause of withdrawal based
on the death of the Defendant and the estate’s apparent unwillingness to
participate in the current litigation. On July 29, 2024, Counsel for Defendant
filed [a] Notice of Defendant Redding’s Death Certificate.” (08/06/24 Order)
Trial
is scheduled to begin on December 11, 2024.
Plaintiff
now moves for a continuance of trial and all related dates because Plaintiff
served Defendant Redding with a Request for Admissions on August 13, 2024 and
no responses were ever received. There is a Motion to Deem the RFA’s Admitted
against Defendant Redding scheduled to be heard in Dept. C on March 13,
2025—which is after the current trial date.
As
indicated above, this Motion is unopposed.