Judge: Thomas D. Long, Case: 21STCV45599, Date: 2023-04-06 Tentative Ruling

Case Number: 21STCV45599    Hearing Date: April 6, 2023    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CONCORD ESTATES,

                        Plaintiff,

            vs.

 

Y & Y NEW HAMPSHIRE, INC., et al.,

 

                        Defendants.

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      CASE NO.: 21STCV45599

 

[TENTATIVE] ORDER DENYING MOTION TO CONTINUE TRIAL; STRIKING ALLSTATE’S ANSWER TO CROSS-COMPLAINT; STRIKING ALLSTATE’S CROSS-COMPLAINT

 

Dept. 48

8:30 a.m.

April 6, 2023

 

On December 14, 2021, Concord Estates filed this action against Y&Y New Hampshire Inc. and I Park Inc.

On April 12, 2022, I Park filed a cross-complaint against Y&Y and Roes 1-25.  On November 2, 2022, I Park filed an amendment to name Allstate Engineering dba Allstate Waterproofing (“Allstate”) as Roe 3.

According to the Proof of Service filed on November 16, 2022, Allstate was served with the summons, cross-complaint, and Roe amendment on November 14, 2022.

On January 12, 2023, the Court entered default against Allstate.

On March 1, 2023, Allstate filed an answer to the cross-complaint and its own cross-complaint.

On March 9, 2023, Allstate filed a motion to continue trial and all related deadlines.  Allstate seeks to continue the trial date from July 3, 2023 to April 1, 2024.  Concord Estates filed a limited opposition to request that any continuance be no more than four months.

Although Allstate attempted to file an answer to the cross-complaint on March 1, 2023, its default had already been entered, and Allstate remains in default.  “The entry of a default terminates a defendant’s rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered.”  (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.)  A defendant in default therefore cannot file pleadings unless and until default is set aside.  (Ibid.)

Accordingly, the motion to continue trial is DENIED.

Allstate’s answer and cross-complaint, filed on March 1, 2023, are STRICKEN.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

         Dated this 6th day of April 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court