2015-00177093-CL-CL

Ford Motor Credit Company LLC vs. Suzanne M. Richardson

Nature of Proceeding: Motion to Dismiss

Filed By: Mohseni, Tara

Plaintiff and Cross-Defendant Ford Motor Credit Company’s Motion for Order Dismissing Cross-complainant and Defendants’ Cross-Complaint with Prejudice is DENIED. C.C.P., sec. 581(f)(2).

On Nov. 27, 2017, Ford’s demurrer was unopposed and sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) Cross-complainants were ordered to file a First Amended Cross-Complaint not later than Dec. 11, 2017.

No First Amended Cross-Complaint was been filed and served as of the filing of the motion to dismiss.

Pursuant to C.C.P., sec. 581(f)(1) the court may dismiss the cross-complaint where after demurrer is sustained with leave to amend, the cross-complainants fail to file an amended cross-complaint.

In opposition, the defendants and cross-complainants Suzanne M. Richardson and Kevin J. Richardson, submit their declaration that although they received a meet and confer telephone call from counsel for Ford prior to filing the demurrer, they thought that the call was “some sort of trick or scam since they [the calling attorneys] were not the attorney for plaintiff” at the time of the phone call.

The Court records reflects that Ford’s demurrer was filed by the law firm of Severson & Werson for Ford on October 23, 2017.

However, the new counsel for Ford, Severson & Werson, did not file and serve the

signed substitution of attorneys form replacing Nelson & Kennard as counsel for Ford until Nov. 7, 2017. Although Severson & Werson asserts that it filed the substitution on Oct. 19, 2017, the Court files reflect that the Court Clerk rejected that form on October 31, 2017.

The Court’s Minute Order sustaining the unopposed demurrer with leave to amend issued on Nov. 27, 2017.

Defendants and cross-complainants Suzanne M. Richardson and Kevin J. Richardson request that their failure to timely file the First Amended Cross-complaint be excused by the Court due to their inadvertence, surprise or excusable neglect. C.C.P., sec. 473
(b)

In the exercise of its discretion, the Court grants leave to cross-complainants Suzanne M. Richardson and Kevin J. Richardson to file their original First Amended Cross complaint directly with the Court clerk and serve it on Ford’s counsel of record not later than Monday, April 2, 2018. The responsive pleading shall be due filed and served 30 days later (35 days if service is by mail).