Judge: William A. Crowfoot, Case: 24NNCV00086, Date: 2024-09-19 Tentative Ruling

Case Number: 24NNCV00086    Hearing Date: September 19, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

XIA LU,

                    Plaintiff(s),

          vs.

 

JUNYI ZHOU, et al.,

 

                    Defendant(s).

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     CASE NO.:  24NNCV00086

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO STRIKE ANSWER FILED BY DEFENDANTS

 

Dept. 3

8:30 a.m.

September 19, 2024

 

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On March 4, 2024, plaintiff Xia Lu (“Plaintiff”) filed this action against defendants Junyi Zhou (“Zhou”), Xiaoyan Chen (“Chen”), Shalom K. Braunstein (“Braunstein”), and Elite Asian Art Auction, LLC (“Elite Auction”).

On April 29, 2024, Plaintiff dismissed Braunstein from this action.

On July 31, 2024, Zhou and Chen (collectively, “Defendants”) filed an answer.

On August 5, 2024, Plaintiff filed this motion to strike Defendants’ answer as untimely. Plaintiff claims that Defendants were served on March 13, 2024, therefore Defendants’ answer had to be filed within 30 days of being served.

At the time Defendants filed their answer on July 31, 2024, no default had yet been entered against them. Furthermore, in opposition, Defendants explain that they did not become aware of this action until July 31, 2024, and immediately filed an answer the same day. (Defs. Decl., ¶¶ 3-5.) Defendants declare that they were not personally served with the summons and complaint and were not aware of Plaintiff’s prior unsuccessful attempts to enter default against them on April 22 and June 3, 2024. (Id., ¶¶ 3, 7-8.)

In light of these facts, the Court DENIES Plaintiff’s motion to strike. Although Defendants’ answer was untimely, the inability to file an answer earlier appears to be due to Plaintiff’s failure to serve them with the summons and complaint.

 

Dated this 19th day of September, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.