Judge: Cherol J. Nellon, Case: 24STCV26880, Date: 2025-01-30 Tentative Ruling

Case Number: 24STCV26880    Hearing Date: January 30, 2025    Dept: 14

#7

Case Background

This is an action for negligence. Plaintiff alleges that he and Defendant went into business together. Defendant failed to perform her business obligations and left the venture.

On October 15, 2024, Plaintiff Stephen Hendy filed his Complaint against Defendant Daleisha Dehughes.

On November 14, 2024, Defendant filed this motion to dismiss.

On December 26, 2024, Plaintiff filed an opposition.

Instant Pleading

Defendant moves to dismiss the Complaint under the Federal Rules of Civil Procedure, Rule 12(b)(6).

Decision

Defendant’s motion to dismiss is DENIED without prejudice.

Discussion

Defendant moves to dismiss the Complaint under the Federal Rules of Civil Procedure (FRCP), Rule 12(b)(6). The FRCP governs civil procedure in federal courts and does not apply to state courts. This court is a California state court, where the California Code of Civil Procedure applies. Because Defendant has not moved for relief under the California Code of Civil Procedure, the motion to dismiss is denied.

Conclusion

Defendant’s motion to dismiss is DENIED without prejudice.