Judge: Ashfaq G. Chowdhury, Case: 23GDCV01569, Date: 2024-03-08 Tentative Ruling

Case Number: 23GDCV01569    Hearing Date: March 8, 2024    Dept: E

Case No: 23GDCV01569
Hearing Date: 03/08/2024 – 8:30am

Trial Date: UNSET

Case Name: OSHEIN KHACHIKIAN, an individual; v. LA CCS, INC., a California corporation; A. ERLICH ARCHITECT, a California corporation; DOES 1-10 inclusive

[TENTATIVE RULING ON MOTION FOR JUDGMENT ON THE PLEADINGS]

Moving Party: Defendant, A. Erlich Architects, Inc. (Erlich)

Responding Party: No Opposition Submitted

Moving Papers: Motion; Request for Judicial Notice; Zachary Law Declaration; Proof of Service

Opposition Papers: No Opposition Submitted

Reply Papers: No Reply Submitted

RELIEF REQUESTED
Defendant, Erlich, moves for judgment on the pleadings as to Plaintiff Oshein Khachikian’s Complaint as follows:

“(1) As to the Complaint pursuant to Code Civ. Proc. section 438(c)(1)(B)ii, as it does not state facts sufficient to constitute a cause of action as the Complaint and the sole cause of action alleged therein is precluded due to the failure to file a Certificate of Merit as required under Code Civ. Proc. section 411.35.

This Motion will be based on this Notice, the attached Memorandum of Points and Authorities, the Request for Judicial Notice served herewith, the Declaration of Zachary Law, the complete files and records of this action, and on such oral argument as the Court may entertain at the hearing of this Motion.”

PROCEDURAL ANALYSIS
Proof of Service Timely Filed (CRC Rule 3.1300): Ok
16/21 Court Days Lapsed (CCP 1005(b)): Ok
Proper Address (CCP §1013, §1013a, §1013b):Ok

TENTATIVE RULING
On 07/25/2023, Plaintiff, Oshein Khachikian, filed a Complaint alleging two causes of action for: (1) Breach of Contract, and (2) Negligence. The breach of contract cause of action was alleged against Defendant LA CCS, Inc., and the negligence cause of action was alleged against all Defendants – LA CCS, Inc., and Erlich Architect.

Defendant, Erlich, filed the instant moving papers on 01/08/2024.

On 01/23/2024, the Court held proceedings for an Order to Show Cause Re: Failure to File Proof of Service.

The January 23, 2024 Minute Order states:

The above matter is called for hearing.

The Court and counsel confer regarding the order to show cause.

The Court rules as follows:

The OSC re: proof of service is discharged and vacated.

The Motion for Judgement on the pleadings is withdrawn by the moving party.

The matter remains on calendar as previously set for 3/18/2024.

Notice is waived.

(Min. Order Jan. 23, 2024.)

Although the January 23, 2024 Minute Order does not state who the moving party is with respect to the motion for judgment on the pleadings, presumably the Court was referring to Defendant Erlich because the only motion for judgment on the pleadings that was filed in this case was filed by Defendant Erlich on January 8, 2024.

Therefore, the Court DENIES this motion as moot for being withdrawn by the moving party at the January 23, 2024 hearing pertaining to the Order to Show Cause RE: Failure to File Proof of Service.