Case Number: BC688423 Hearing Date: June 05, 2018 Dept: 4

MOVING PARTY: Defendant, Deisi Yasmin Guerrero Munoz

RESPONDING PARTY: Plaintiff, Amado Correa Martinez

On the Court’s own motion, Defendant Deisi Yasmin Guerrero Munoz’s (“Defendant”) demurrer is stricken for being improperly filed after entry of default was taken. (CCP §§ 435, 436(b).)

Plaintiff Amado Correa Martinez (“Plaintiff”) filed a complaint on December 29, 2017, alleging a single cause of action for motor vehicle negligence. Plaintiff filed a proof of service of summons with the court on January 22, 2018, indicating that Defendant was served with the complaint and summons by substituted service. On February 27, 2018, Plaintiff requested entry of default against Defendant, which was entered as requested.

On March 23, 2018, Defendant filed the instant demurrer concurrently with a motion to set aside default. The hearings for those motions are set for June 5, 2018, and June 22, 2018, respectively. Plaintiff filed an opposition to the demurrer on May 9, 2018, noting that Defendant was in default and did not meet and confer.

Entry of defendant’s default instantaneously cuts off its right to appear in the action. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.) A defendant has no right to participate in the proceedings until either its default is set aside or a default judgment is entered. (Ibid.) Moreover, entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. (W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App.2d 67, 71.) Thus, Defendant improperly filed her demurrer without first setting aside the default. The Court will therefore strike Defendant’s improperly filed demurrer on its own motion. (CCP §§ 435, 436(b).) Defendant may not file another responsive pleading unless and until Defendant’s default is set aside.

THE COURT ORDERS:

Defendant’s demurrer is stricken and the corresponding hearing is taken off calendar.

All parties should note that the hearing on this motion will take place at the Court’s new location: Spring Street Courthouse, 312 N. Spring Street, Department 4, Los Angeles, CA 90012.

IT IS SO ORDERED.

DATED: June 5, 2018

___________________________

Dennis Landin

Judge of the Superior Court