Judge: Holly J. Fujie, Case: 23STCV04342, Date: 2024-12-11 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: 23STCV04342    Hearing Date: December 11, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant JCKY Property Investment, LLC

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition has been filed.

BACKGROUND

             On February 28, 2023, Plaintiff Jessica Margarita Martinez (“Plaintiff”) filed a complaint against Defendant JCKY Property Investment, LLC (“Defendant”). On May 19, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant, the same day as a demurrer was filed by Defendant to the original complaint.  On June 22, 2023, the Court overruled the demurrer to the original complaint on the ground that the FAC had been filed.  On October 9, 2023, Defendant filed an answer to the FAC.On April 2, 2024, Defendant filed a motion for judgment on the pleadings (the “MJP”) to the FAC, but the proof of service thereon was improper, and the MJP was denied, without prejudice.  On July 2, 2024, Defendant filed a second MJP, which was granted on August 8, 2024, with thirty days leave to amend.  Plaintiff therefore was allowed until September 9, 2024 to file a third amended complaint.  She failed to do so. 

DISCUSSION

A defendant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant.  (Code Civ. Proc., § 438 subd. (c)(1)(B).)  A non-statutory motion for judgment on the pleadings may be made any time before or during trial.  (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) 

“A motion for judgment on the pleadings is subject to the same rules governing demurrers.”  (Hardy v. America’s Best Home Loans (2014) 232 Cal.App.4th 795, 802.)  “Like a demurrer, the grounds for the motion must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice and the [cross-complainant’s] allegations are accepted as true.”  (Id.)  “A motion for judgment on the pleadings may be brought . . .  on the grounds the [cross] complaint does not state facts sufficient to constitute a cause of action against that defendant.”  (Id.)  In the context of a motion for judgment on the pleadings a court “accept[s] as true the [cross-complainant’s] factual allegations and construe[s] them liberally.”  (Stevenson Real Estate Services, Inc. v. CB Richard Ellis Real Estate Services, Inc. (2006) 138 Cal.App.4th 1215, 1220.)   

Here, Defendant contends Plaintiff’s FAC fails to plead sufficient facts to constitute a cause of action.  In fact, there is no operative complaint in this case, as Plaintiff failed to file a second amended complaint within the time allowed by the Court. Pursuant to Section 438((i)(1)(B), if no amended pleading is filed, then the party shall move for entry of judgment in its favor.  As no opposition to this motion for judgment on the pleadings, the motion is GRANTED.  Defendant is ordered to submit a proposed Judgment in its favor to the Court within twenty (20) days of the date of this Order.

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 11th day of December, 2024