Judge: Edward B. Moreton, Jr, Case: 24SMCV03205, Date: 2025-02-11 Tentative Ruling

Case Number: 24SMCV03205    Hearing Date: February 11, 2025    Dept: 205

 

 

 

Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

AYMAN MOSAAD,  

 

Plaintiff, 

v. 

 

ALEXANDER AARON LAWRENCE, et al.,  

 

Defendants. 

 

  Case No.:  24SMCV03205 

  

  Hearing Date:  February 11, 2025 

  order RE: 

  DEFENDANT EAN HOLDINGS, LLC’S  

  DEMURRER TO complaint 

 

 

This case arises from a car accident.  Plaintiff Ayman Mosaad alleges he was rear-ended by a car driven by Defendant Alexander Aaron Lawrence.  Plaintiff has also sued the company that rented the car to Lawrence (Defendant EAN Holdings, LLC), based on a claim that it was negligent in maintaining and repairing the rental car, including its braking system.  (Compl. 8.) 

This hearing is on EAN Holdings, LLC’s (“Moving Defendant’s”) demurrer to the Complaint.  Moving Defendant argues that (1) the Complaint contains nothing more than conclusory statements and fails to allege any material facts supporting these conclusory allegations; (2) under federal law, a rental car company and its affiliates cannot be held vicariously liable for the negligent acts of its customers, and (3) the complaint is uncertain as to Moving Defendant because all allegations are made against all defendants.  

Code Civ. Proc. § 430.41 requires that before the filing of a demurrer the moving party “shall meet and confer in person or by telephone” with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.  (Code Civ. Proc. § 430.41(a).)  The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc. § 430.41(a)(2).)  Thereafter, the moving party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc. § 430.41(a)(3).)  Moving Defendant submits the Declaration of Adam Miller, which fails to show the parties met and conferred by telephone or in person.  Accordingly, the Court continues the hearing on the demurrer to February 25, 2024 at 8:30 a.m. to allow the parties additional time to meet and confer.    

 

DATED:  February 11, 2025        ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court