Judge: Joel R Wohlfeil, Case: 37-2024-00004388-CU-UM-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 02, 2024

04/05/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Uninsured Motorist Motion Hearing (Civil) 37-2024-00004388-CU-UM-CTL FARMERS INSURANCE EXCHANGE VS RAPHAEL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Dismiss, 02/20/2024

The Motion (ROA # 11) of Respondent MARCY RAPHAEL ('Respondent') for an order dismissing Petitioner TRUCK INSURANCE EXCHANGE ('Petitioner') for lack of standing to compel arbitration between parties FARMERS INSURANCE EXCHANGE and MARCY RAPHAEL, is DENIED.

This Motion is procedurally improper. Respondent's notice cites to statutes supporting this Motion.

However, neither provides a procedural mechanism for the relief Respondent seeks.

Code of Civil Procedure section 1003, et seq. simply sets forth general rules and requirements pertaining to motion practice.

Code of Civil Procedure section 367 is not a procedural rule, but instead sets forth the fundamental rule that '[e]very action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.' There is no basis for a non-statutory 'motion to dismiss.' Instead, this appears to be a demurrer to the pleading. However, a demurrer may not rely on evidence extrinsic to the pleading, and no request for judicial notice has been filed (the Court takes no position on whether judicial notice is proper).

Respondent does not argue that the Motion fails to allege sufficient facts supporting the relief sought.

The Court does not address or decide the substantive issues presented via this Motion.

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