MD TOX LABORATORY, INC. VS. SENNECA DIAGNOSTICS, LLC ET AL

Set for Law and Motion/Discovery on Wednesday, June 11, 2025 Line 2, PLAINTIFF MD TOX LABORATORY, INC. DBA INNOVATIVE HEALTH DIAGNOSTICS, A CALIFORNIA CORPORATION's Motion To Amend Judgment.

Plaintiff MD Tox Laboratory, Inc.'s motion to amend judgment is denied as to all three third parties who plaintiff seeks to add as judgment debtors. Plaintiff has not shown that that judgment debtor engaged in "some active defense" of this case prior to entry of judgment. (NEC Electronics Inc. v. Hurt (1989) 208 Cal. App. 3d 772, 781).

Plaintiff has not identified any of the attributes of an active defense such as propounding or responding to discovery, making or opposing a motion, or preparing for trial. Plaintiff relies solely on settlement efforts and entering into a settlement agreement as evidence of "defense" activities and cites Butler America v. Aviation Assurance Company, LLC (2020) 55 Cal. App. 136 as the "controlling case" in its reply memorandum. Yet Butler does not address whether participating in settlement efforts and entering into a settlement agreement satisfies the "active defense" requirement to allow for the use of the summary procedure of adding a judgment debtor by motion and thus, per the familiar rule that a case is not authority for a proposition it doesn't address, Butler does not support plaintiff's effort to use the summary procedure.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.