Judge: David A. Hoffer, Case: 30-2020-01152799, Date: 2023-08-07 Tentative Ruling

The Motion for Dismissal of This Case Without Prejudice filed by Defendant Kristina Gurgian (“Defendant”) is DENIED.

Defendant provides no authority for her request to dismiss the action. It is unclear what the basis of this motion is.  Defendant’s papers attack the veracity of various allegations in the Complaint and reference failure to state a claim. As Defendant argues facts outside of the four corners of the pleading, this motion is not a proper demurrer or motion for judgment on the pleadings.  As the motion lacks a separate statement, it is not a motion for summary judgment.  Without any indication of the authority for the requested dismissal, the motion is denied.

The court further notes that it does not have jurisdiction to decide a dispositive motion on this case at this time as the matter was ordered to arbitration and has been stayed since May 27, 2022.  As such, the motion is denied.  

Plaintiff is ordered to give notice of this ruling.