Judge: Armen Tamzarian, Case: 22STCV39270, Date: 2023-07-20 Tentative Ruling

Case Number: 22STCV39270    Hearing Date: October 20, 2023    Dept: 52

Defendant Fitness & Sports Club, LLC Notice of Related Case

Defendant Fitness & Sports Club, LLC filed a notice of related case seeking to relate this action to Dewey Demetro, Jr. v. John Park, et al., No. 23STCV20328.    

The court finds the cases are not related.  In the first action, plaintiff alleges defendants including Fitness & Sports Club, LLC discriminated against him because of his age and race by forcing him to leave an LA Fitness gym.  In the new action, plaintiff alleges various claims against John Park and “Yoka Smith Law,” attorneys who represent Fitness & Sports Club, LLC in the first action.  The cases have at most minor overlapping issues.  The subject matter of each is different and they have no common defendants. 

Moreover, relating and reassigning cases is discretionary.  California Rules of Court, rule 3.300(h)(1) provides, “In a court in which cases are assigned to a single judge or department, cases may be ordered related.”  The court finds that reassigning plaintiff’s new action would not result in increased efficiency. 

The court finds the cases are not related. 

Defendant Fitness & Sports Club, LLC’s (1) Demurrer to Second Amended Complaint (2) Motion to Strike Portions of Second Amended Complaint; and (3) Motion to Dismiss Second Amended Pleading Pursuant to California Code of Civil Procedure § 581(f)(4

(1) Demurrer to Second Amended Complaint

            Defendant Fitness & Sports Club, LLC demurs to plaintiff Dewey Demetro, Jr.’s second amended complaint.

Request for Judicial Notice

            Defendant requests judicial notice of its request for admissions, set one, to plaintiff (RJN, Ex. 2) and the court’s order deeming the truth of those matters admitted (RJN, Ex. 3).  When ruling on a demurrer, courts “may consider matters which may be judicially noticed, including a party’s admissions or concessions that can not reasonably be controverted.”  (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961.)  Both documents are subject to judicial notice for their contents and legal effects.  Courts may take judicial notice of records of “any court of this state.”  (Evid. Code, § 452(d)(1).)  The court’s order granting defendant’s motion is a court record subject to judicial notice under Evidence Code section 452(d)(1).  The requests for admission themselves are also court records because they were submitted in support of that motion.  (Park Decl. ISO Motion to Deem Matters Admitted, Ex. A.)  Taking judicial notice of the requests is also necessary to understand the legal effect of the court’s order deeming those matters admitted. 

Defendant’s requests for judicial notice are granted.

Analysis

Pursuant to a court’s order deeming matters admitted, plaintiff cannot allege sufficient facts to constitute any cause of action against defendant Fitness & Sports Club, LLC.  “[A] deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matters contained therein.”  (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 979.)  “[A] complaint’s allegations may be disregarded when they conflict with judicially noticed discovery responses.”  (Bockrath v. Aldrich Chemical Co., Inc. (1999) 21 Cal.4th 71, 83.)

On July 20, 2023, the court issued an order granting defendant’s motion for an order deeming the matters specified in request for admissions, set one, admitted.  (RJN, Ex. 3.)  The court ordered, “The truth of the matters and genuineness of documents specified in request for admissions, set one, Nos. 1-23, is hereby deemed admitted.”  (Id., p. 3.) 

Plaintiff’s second amended complaint is not entirely clear, but the gravamen is that he alleges defendants denied him access to an L.A. Fitness gym based on his race or age.  (SAC, p. 1 [“I am racist Rojelio the new head manager!  And I need to put you out! …  You have broken my rules old man now leave!”], p. 13 [“Rojelio called me old man! And kicked me out!”].)

Pursuant to the court’s order, plaintiff admitted matters fatal to his claim for discrimination based on his race or age.  The Unruh Civil Rights Act provides, “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race,” or other protected status “are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”  (Civ. Code, § 51(b).)  The Act further provides, “This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.”  (Civ. Code, § 51(c).) 

Plaintiff admitted the following: “Admit that YOU were not lawfully on the premises during the INCIDENT.”  (RJN, Ex. 2, RFA No. 11.)  Not being lawfully on the premises is a neutral basis for denying someone access to a business establishment.  That reason applies to all people regardless of their protected status.

Plaintiff also admitted matters fatal to any claims against defendant Fitness & Sports Club, LLC, in general.  He admitted the following: “Admit that FITNESS had no involvement with the INCIDENT that forms the basis for this lawsuit.”  (RJN, Ex. 2, RFA No. 7.)  “Admit that FITNESS’ employees had no involvement with the INCIDENT that forms the basis for this lawsuit.”  (Id., RFA No. 8.)  “Admit that FITNESS’ managers had no involvement with the INCIDENT that forms the basis for this lawsuit.”  (Id., RFA No. 9.)  “Admit that FITNESS was not negligent in the INCIDENT that forms the basis for this lawsuit.”  (Id., RFA No. 10.) 

Defendants’ request for admissions defines “FITNESS” as “defendant, FITNESS & SPORTS CLUBS, LLC.”  (RJN, Ex. 2, p. 1.)  Defendant’s request defines “INCIDENT” as “the circumstances and event surrounding the alleged accident, injury or other occurrence giving rise to this action.”  (Id., p. 2.)  Admitting the matters specified in request Nos. 7 through 10 prohibits plaintiff from establishing defendant Fitness & Sports Club, LLC was involved in or negligent in any of the events that give rise to this lawsuit.  It therefore cannot be liable to plaintiff.   

Finally, plaintiff admitted matters fatal to this complaint in general.  He admitted: “Admit that YOU lack standing to sue.”  (RJN, Ex. 2, RFA No. 20.)  “Admit YOUR Complaint is frivolous.”  (Id., RFA No. 22.)  “Admit YOUR Complaint is totally and completely without merit.”  (Id., RFA No. 23.)  A plaintiff who lacks standing to sue cannot succeed on his action.  And admitting that the action is frivolous and completely without merit precludes plaintiff from stating facts sufficient to constitute a cause of action.

Possibility of Amendment

            After a successful demurrer, where “there is a reasonable possibility that the defects can be cured by amendment, leave to amend must be granted.”  (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.)  The plaintiff bears the burden of “demonstrat[ing] how the complaint can be amended.”  (Smith v. State Farm Mutual Automobile Ins. Co. (2001) 93 Cal.App.4th 700, 711.) 

            Plaintiff does not meet his burden of showing how he can cure the defects in his second amended complaint against defendant Fitness & Sports Club, LLC.  He did not file any opposition to the demurrer.  He did not file any opposition to defendant’s motion to deem matters admitted.  He did not seek relief from the court’s order deeming matters admitted.  The court therefore will sustain defendant Fitness & Sports Club, LLC’s demurrer without leave to amend.

(2) Motion to Strike Second Amended Complaint

Defendant Fitness & Sports Club, LLC moves to strike plaintiff Dewey Demetro, Jr.’s second amended complaint.  Because the court will sustain defendant’s demurrer without leave to amend, this motion is moot. 

(3) Motion to Dismiss Second Amended Complaint

Defendant Fitness & Sports Club, LLC moves to dismiss plaintiff Dewey Demetro, Jr.’s second amended complaint under Code of Civil Procedure section 581, subdivision (f)(4).  This motion is also moot because the court will sustain defendant’s demurrer without leave to amend.

Disposition

            Defendant Fitness & Sports Club, LLC’s demurrer to plaintiff Dewey Demetro, Jr.’s second amended complaint is sustained without leave to amend.  Defendant Fitness & Sports Club, LLC shall submit a proposed judgment of dismissal for the court’s signature forthwith.