Judge: Frank M. Tavelman, Case: 22BBCV00656, Date: 2023-01-13 Tentative Ruling

Case Number: 22BBCV00656    Hearing Date: January 13, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

DEMURRER & MOTION TO STRIKE

MP:     Equity Residential Management, LLC. (“Defendant”)

RP:     Wayan and Natalia Palmieri (“Plaintiffs”)

ALLEGATIONS:

Wayan Palmieri and Natalia Palmieri ("Plaintiffs") filed suit against Equity Residential Management, LLC (“Defendant”), alleging Defendant improperly procured consumer reports pertaining to Plaintiffs and that Plaintiffs were harmed as such. Plaintiffs filed the Complaint on September 15, 2022, alleging three causes of action: (1) violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”); (2) invasion of privacy; and (3) declaratory relief under C.C.P. §1060.

HISTORY:

The Court received the Demurrer and Motion to Strike filed by Defendant on October 19, 2022; the opposition filed by Plaintiff on December 30, 2022; and the reply filed by Defendant on January 6, 2023.

RELIEF REQUESTED:

Defendant demurs to the second and third causes of action in the Complaint.

Defendant moves to strike the following portions of the Complaint:

A.    Paragraphs 6, 31, 43, and 45 of the Complaint

B.     Paragraphs 4, 8, 9, and 10 of the prayer for relief in the Complaint.

CONTINUANCE:

The Court requires additional time to rule on the Demurrer and Motion to Strike.  On the Court’s own motion, the matter will be continued to January 18, 2023 at 9:00 a.m.

RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Defendant Equity Residential Management, LLC’s Demurrer and Motion to Strike came on regularly for hearing on January 13, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE DEMURRER AND MOTION TO STRIKE ARE CONTINUED TO JANUARY 18, 2023 AT 9:00 A.M.

IT IS SO ORDERED.

DATE:  January 13, 2023                              

_______________________________

                                                                        F.M. TAVELMAN, Judge

                                                                        Superior Court of California

County of Los Angeles