Judge: Glenn R. Salter, Case: 21-1223808, Date: 2023-05-25 Tentative Ruling

Demurrer

The demurrer of defendants to the First Amended Complaint is OVERRULED with 20 days to answer.

As this court pointed out in its minute order of March 30, 2023, the defendants attempt to undercut the efficacy of the amended complaint by bringing in a new fact—plaintiff’s alleged failure to show a valid driver’s license.

Code of Civil Procedure section 430.30, subdivision (a), provides that on demurrer the court looks to the face of the complaint and any matters of which the court may take judicial notice.

The face of the complaint alleges plaintiff provided defendants with the documents the Department of Motor Vehicles had told him were necessary to obtain possession of the truck from the towing company and the defendants refused to release the truck to him.  On its face, the amended complaint states a cause of action.

There is no Request for Judicial Notice in the file.  And it appears, based on the supplemental brief filed by defendants, that there is no authority (at least none was cited) that permits a towing company to refuse to release a vehicle solely on the ground the vehicle owner cannot produce a valid driver’s license.

In short, the critical issue is not before the court on this demurrer.  The ruling here should not be misconstrued as an indication of the court’s view on that issue.

Case Management Conference

The court intends to set a trial date.  The parties should be prepared to discuss dates and times.

Notice

The defendants shall give notice.