Judge: Holly J. Fujie, Case: 22STCV11297, Date: 2022-07-26 Tentative Ruling
Case Number: 22STCV11297 Hearing Date: July 26, 2022 Dept: 56
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR
THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
MOVING
PARTY: Defendant Hector Linares (“Moving Defendant”)
The
Court has considered the moving papers.
No opposition papers were filed.
Any opposition papers were required to have been filed and served at
least five court days before the hearing under California Code of Civil
Procedure (“CCP”) section 1005, subdivision (b).
BACKGROUND
This
action arises out of a dispute concerning an automobile repair which was
previously litigated in small claims court in the case styled as Melvin Robinson Jr. v. Hectors Auto Repair, LASC Case No. 21STSC04221. Plaintiff’s complaint (the “Complaint”)
alleges: (1) motor vehicle; (2) general negligence; (3) intentional tort; (4)
products liability; (5) intentional/negligent misrepresentation; and (6)
concealment.
Moving
Defendant filed a demurrer (the “Demurrer”) to the Complaint and a special
motion to strike pursuant to CCP section 425.16 (the “Motion”). The
Demurrer challenges each cause of action alleged in the Complaint and the
Motion challenges the fraud-based claims alleged in the Complaint.
REQUEST FOR JUDICIAL NOTICE
Moving
Defendant’s Request for Judicial Notice is GRANTED.
DISCUSSION
As they are unopposed, the
Court SUSTAINS the Demurrer and GRANTS the Motion with 20 days leave to
amend. (Sexton
v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)
Moving party is ordered to give notice
of this ruling.
In consideration of the current COVID-19
pandemic situation, the Court¿strongly¿encourages that appearances on
all proceedings, including this one, be made by LACourtConnect if the
parties do not submit on the tentative.¿¿If you instead intend to make an
appearance in person at Court on this matter, you must send an email by 2 p.m.
on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then
inform you by close of business that day of the time your hearing will be held.
The time set for the hearing may be at any time during that scheduled hearing
day, or it may be necessary to schedule the hearing for another date if the
Court is unable to accommodate all personal appearances set on that date.¿ This
rule is necessary to ensure that adequate precautions can be taken for proper
social distancing.
Parties
who intend to submit on this tentative must send an email to the Court at
SMC_DEPT56@lacourt.org as directed by the instructions provided on the court
website at www.lacourt.org. If the department does not receive an email
and there are no appearances at the hearing, the motion will be placed off
calendar.
Dated
this 26th day of July 2022
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Hon. Holly J. Fujie Judge of the Superior Court |