Judge holds off on Lionsgate dismissal ruling

Los Angeles Superior Court Judge Brock T. Hammond agreed on Friday to delay signing a judgment in favor of Lionsgate. The hold allows the court to review a motion from actor Mario Rodriguez asking the judge to reconsider a ruling that dismissed the studio from his sexual assault and battery lawsuit. The suit also names filmmaker Tyler Perry as a defendant.

Hammond cited a local appellate court disapproval of entering judgments while a motion for reconsideration is pending. Rodriguez’s request for that reconsideration is scheduled for a hearing on February 24. Lionsgate had already submitted a proposed judgment for Hammond to sign before the new timeline was set.

The legal dispute began when Rodriguez filed his original complaint on December 26 of last year. He amended the suit on April 21, adding a cause of action for negligence. This change occurred shortly after attorneys for Perry and Lionsgate asked the court to dismiss a specific claim against the studio for negligent retention. Rodriguez revised the complaint again on July 8, and these updated documents supersede the original filing.

On October 22, Hammond issued a ruling dismissing Lionsgate as a defendant. The judge noted that Rodriguez failed to state specific facts needed to remedy defects in the complaint. Hammond wrote that because the plaintiff did not provide those details, the court would not grant leave to amend the filing.

Rodriguez’s attorneys filed a motion for reconsideration following that ruling. Their court papers state that Lionsgate submitted its proposed judgment on Tuesday, even though the studio had been served with the plaintiff’s motion. Rodriguez’s legal team filed pleadings on Wednesday asking Hammond to delay signing the judgment until after the February 24 hearing to ensure the motion could be heard.

Rodriguez appeared in the film Boo! A Madea Halloween. He accuses Perry and the studio of using their power in Hollywood to make sexual advances. Perry and Lionsgate argue that Rodriguez, a California resident, sued the California-based studio to keep the case in state court. They contend he knew Perry is a Georgia resident and wanted to avoid federal jurisdiction.

The defendants’ attorneys stated that Rodriguez asserted a single negligent retention claim against Lionsgate to defeat diversity jurisdiction. They described the claim as half-baked and legally deficient. Diversity jurisdiction allows civil cases between residents of different states to be heard in federal court if the amount in question exceeds $75,000.