Judge H. Jay Ford, III, Case Number: 23SMCV03547, Date: 2024-02-06 Tentative Ruling

Judge: H. Jay Ford, III, Case: 23SMCV03547, Date: 2024-02-06 Tentative Ruling

Case Number: 23SMCV03547 Hearing Date: February 15, 2024 Dept: O

Case Name: Celious v. Nustats LLC, et al.

Case No.:	23SMCV03547	Complaint Filed:	8-3-23
Hearing Date:	2-15-24	Discovery C/O:	N/A
Calendar No.:	10	Discovery Motion C/O:	N/A
POS:	OK	Trial Date:	None

SUBJECT: DEMURRER WITH MOTION TO STRIKE

MOVING PARTY: Defendants Los Angeles County Metropolitan Transportation Authority; and Marco Garcia

RESP. PARTY: Plaintiff Aaron Celious

TENTATIVE RULING

Defendants Los Angeles County Metropolitan Transportation Authority, and Marco Garcia’s Demurrer is SUSTAINED with 20 days leave to amend as to allege the date he filed his claim against the LA County Metropolitan Transportation Authority in compliance with the Government Claims Act Compliance, and OVERRULED as to the 1^st, 2^nd, 3^rd, 4^th and 5^th causes of action. Plaintiff Aaron Celious (“Celious”) does not plead when his alleged GCA claim was filed, but only that the alleged GCA claim was rejected on February 2, 2023. (Compl., ¶ 16.) The rejection date is not enough to plead compliance with the GCA. Moreover, Celious fails to allege facts showing the claim he made was timely filed within one year “after the accrual of the cause of action. (Govt. Code 911.2.) The general demurrer to the complaint for failure to allege timely compliance with the GCA is SUSTAINED, with leave to amend.