Judge: Holly J. Fujie, Case: 22STCV15659, Date: 2023-08-21 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 22STCV15659    Hearing Date: August 21, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendants Paula Lopez and Raul Lopez (collectively, “Moving Defendants”)

            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 nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of warranty of habitability; (4) negligence; (5) nuisance; (6) violation of California Civil Code section 1950.5; (7) unfair business practices; (8) violation of Business and Professions Code section 17200; and (9) constructive eviction.

Moving Defendants filed a motion to strike (the “Motion”) portions of the FAC that concern punitive damages.  On August 7, 2023, Plaintiffs dismissed their request for punitive damages.  The Motion is therefore MOOT.

Moving party is ordered to give notice of this ruling. 

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 21st day of August 2023