Judge pauses judgment signing in Rodriguez v. Perry and Lionsgate case

Los Angeles Superior Court Judge Brock T. Hammond agreed Friday to hold off on signing a judgment for Lionsgate until February 24. The delay allows the court to hear a request from actor Mario Rodriguez to reconsider a ruling that dismissed the studio from his sexual assault and battery lawsuit, which also names Tyler Perry.

Hammond cited a local appellate court disapproval of entering judgment while a timely motion for reconsideration is pending. Rodriguez’s motion is set for hearing on February 24. Lionsgate has already submitted a proposed judgment for the judge’s signature.

The case involves a lawsuit originally filed on December 26. Rodriguez, who appeared in the film “Boo! A Madea Halloween,” accuses Perry and Lionsgate of using Hollywood power to make sexual advances. On April 21, attorneys for Perry and Lionsgate filed papers asking Hammond to dismiss Rodriguez’s single claim against Lionsgate for negligent retention. The complaint was amended on that date to add a cause of action for negligence.

The complaint was revised again on July 8. In a ruling issued on October 22, Hammond dismissed Lionsgate as a defendant. The judge wrote that because the plaintiff did not state specific facts to remedy defects in the complaint, the court would not grant leave to amend.

Rodriguez’s attorneys filed a motion for reconsideration following that dismissal. According to court papers filed by the defense, Lionsgate submitted a proposed judgment on Tuesday despite having been served with the plaintiff’s motion. Rodriguez’s lawyers filed pleadings on Wednesday asking Hammond to delay signing the judgment until after the February 24 hearing to ensure the motion could be heard.

Attorneys for Perry and Lionsgate argue that Rodriguez, a California resident, sued the California-based studio to avoid federal court. They state that Rodriguez knew Perry resides in Georgia and that a previous case against Perry was transferred to federal court in Georgia. The defense claims Rodriguez asserted a legally deficient negligent retention claim against Lionsgate to defeat diversity jurisdiction, which allows federal courts to hear cases between residents of different states when the amount in question exceeds $75,000.