Judge Stephen P. Pfahler, Case Number: 23STCV21301, Date: 2024-03-05 Tentative Ruling

Judge: Stephen P. Pfahler, Case: 23STCV21301, Date: 2024-03-05 Tentative Ruling

Case Number: 23STCV21301 Hearing Date: March 27, 2024 Dept: 68

Dept. 68

Date: 3-27-24

Case #23STCV21301

Trial Date: Not Set/Not At Issue

DEMURRER

MOVING PARTY: Defendant, Linda Maultsby

RESPONDING PARTIES: Unopposed/Plaintiff, Mural Media, LLC 401K Plan

RELIEF REQUESTED

Demurrer to the Complaint

SUMMARY OF ACTION

On May 9, 2023, plaintiff Mural Media, LLC 401K Plan acquired a single parcel of real property with a multi-unit building. The property was sold pursuant to a trustee sale following the default on the secured loan to the property by defendant Linda Maultsby. On September 1, 2023, plaintiff filed a complaint for unlawful detainer as to 5109 Westhaven St., Los Angeles.

On October 2, 2023, the clerk entered a default against all unnamed occupants. On October 24, 2023, the court denied Defendant’s motion to quash service of the summons and complaint. The court ordered Defendant to serve a responsive pleading within five (5) days of service of the order. On November 2, 2023, Defendant filed a notice of filing of a petition for writ of mandate. On November 30, 2023, the Appellate Division issued an order denying the writ of mandate.

On December 12, 2023, the clerk rejected the request for entry of default applications seeking possession of the premises, due to the failure to dismiss all unnamed occupants. At the time of the January 5, 2024, Case Management Conference, the court set an OSC re: Why Default Should Not Be Entered Based on The Determination of The Writ Proceedings Before the Court of Appeals for January 19, 2024. On January 19, 2024, the court acknowledged the petition to the California Supreme Court, and set a hearing date for March 5, 2024.

RULING: Off-Calendar/Moot.

Request for Judicial Notice: Granted.

Defendant Linda Maultsby submits a demurrer to the complaint for unlawful detainer on grounds of lack of capacity to bring the unlawful detainer action, insufficient facts, and lack of subject matter jurisdiction. The court electronic filing system shows no opposition on file at the time of the tentative ruling publication cutoff. Plaintiff in reply filed both a notice of non-opposition and extensively reiterates the basis of the demurrer due to defective notice. Plaintiff introduces new argument as well regarding a failure to file notices of related cases to a series of identified actions (see request for judicial notice).

On March 14, 2024, Plaintiff filed a first amended complaint before the opposition due date to the instant demurrer. The first amended complaint was therefore timely filed. The scheduled demurrer is therefore moot. The court takes the demurrer off-calendar.

The court will concurrently hear the motion for transfer and conduct the case management conference. The court orders Plaintiff to address the related cases identified in the March 21, 2023, filed notice of related cases showing seven other actions involving claims for possession of the subject property, as well as confirmation that notices of related cases were filed in each and every other identified action. The court reserves the right to stay the instant case pending ruling(s) on the notice of related cases, especially if Plaintiff failed to file notices of related cases in any and all of the other courtrooms as part of an effort to forum shop for a cooperative courtroom.

Maultsby to give notice to all parties.

TRANSFER

MOVING PARTY: Defendant, Linda Maultsby

RESPONDING PARTIES: Plaintiff, Mural Media, LLC 401K Plan

RELIEF REQUESTED

Motion to Transfer to Marin or Sonoma County

SUMMARY OF ACTION

On December 12, 2023, the clerk rejected the request for entry of default applications seeking possession of the premises, due to the failure to dismiss all unnamed occupants. At the time of the January 5, 2024, Case Management Conference, the court set an OSC re: Why Default Should Not Be Entered Based on The Determination of The Writ Proceedings Before The Court of Appeals for January 19, 2024. On January 19, 2024, the court acknowledged the petition to the California Supreme Court, and set a hearing date for March 5, 2024.

RULING: Off-Calendar.

Defendant Linda Maultsby moves to transfer the action to either Marin or Sonoma County courthouse, due to the residence of certain witnesses expected to testify at trial residing in both Marin and Sonoma Counties. Plaintiff Mural Media, LLC 401K Plan in opposition contends the motion is premature given the lack of an answer to the complaint (e.g. case not at issue); plaintiff improperly seeks a change of venue as a defendant even though the property and defendant reside in the subject district; and, even if the court considered the motion, Defendant lacks admissible evidence in support of any inconvenience. The court electronic filing system shows no reply on file at the time of the tentative ruling publication cutoff.

“The Supervising Judge of the Civil Division may, for the convenience of witnesses or to promote the ends of justice, transfer a civil case from one district to another. ... [M]otions to transfer a civil action from one district to another ... must be made in Department 1 in the Central District.” (Los Angeles Local Rule 2.3(b)(2).) The court directs Linda Maultsby to file a new motion in Department 1.

The court will concurrently hear the demurrer and conduct the case management conference. The court orders Plaintiff to address the related cases identified in the March 21, 2023, filed notice of related cases showing seven other actions involving claims for possession of the subject property, as well as confirmation that notices of related cases were filed in each and every other identified action. The court reserves the right to stay the instant case pending ruling(s) on the notice of related cases, especially if Plaintiff failed to file notices of related cases in any and all of the other courtrooms as part of an effort to forum shop for a cooperative courtroom.

Maultsby to give notice to all parties.