Judge: Jill Feeney, Case: 21STCV40449, Date: 2023-04-13 Tentative Ruling
Case Number: 21STCV40449 Hearing Date: April 13, 2023 Dept: 30
Department 30, Spring Street Courthouse
April 13, 2023
21STCV40449
Demurrer to Plaintiff’s Complaint filed by Defendant LACMTA
DECISION
The demurrer is sustained with leave to amend.
“[F]ailure to allege facts demonstrating or excusing compliance with the claim presentation requirement subjects a claim against a public entity to a demurrer for failure to state a cause of action.”(State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1239.) Here, Plaintiff has failed to allege any facts in this regard other than a general statement that Plaintiff has complied with all applicable claims statutes. (Complaint, Paragraph 8.). Plaintiff needs to allege all facts that support Plaintiff’s legal contentions that Plaintiff has complied with the claim presentation requirements and/or that Plaintiff’s failure to so comply is excused.
If Plaintiff wishes to file a first amended complaint addressing this issue, Plaintiff is ordered to file and serve such a complaint within 30 days after the date of this order.
Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.
