HEALTHCARE ALLY MANAGEMENT OF CAL., LLC VS ARJOHUNTLEIGH

Tentative Rulings

Case Number: SC125267    Hearing Date: September 25, 2020    Dept: P

Tentative Ruling

Healthcare Ally Management v. Arjo Case No. SC125267

Hearing Date: September 25, 2020

Demurrer

This case is stayed pending appeal of this court’s order setting aside the default. The court is advised that plaintiff has thus far failed to pay fees to have the transcript sent to the Court of Appeal. The plaintiff has until 9/30/20 to cure this deficiency, or the appeal will be dismissed. The demurrer scheduled for 9/25/20 should be continued until after 9/30/20. The court will continue the hearing on the demurrer to DATE?? At 8:30 am in this department. Appearance via LA Court Connect is appreciated.

Case Number: SC125267    Hearing Date: February 11, 2020    Dept: P

Tentative Ruling

Healthcare Ally Management of California, LLC v. Arjohuntleigh, Inc., Case No. SC125267

Hearing Date February 11, 2020

Plaintiff’s Motion for Reconsideration or Clarification of Order on Motion to Set Aside Default

Analysis/Background

On December 30, 2019 this court issued an order setting aside defendant’s default, finding the three factors of Rappleyea v. Campbell (a meritorious defense, a satisfactory excuse, and diligence in seeking to set aside the default) had been fulfilled. Plaintiff now moves for reconsideration or clarification of that order.

The court will not reconsider its prior order, because no “new or different facts, circumstances, or law” have been presented. Cal. Code of Civ. Proc. §1008. The court will, however, clarify the nature of the “extrinsic mistake” that provided the basis for the December order. The “extrinsic mistake” was Brzecezk’s failure to make the corporate defendant’s management aware that he had been served with the lawsuit. See 12/30/2019 Minute Order at pg. 2. The court denies defendant’s request for monetary sanctions, as plaintiff did not act in bad faith by bringing this motion.