Judge: John J. Kralik, Case: 23BBCV01179, Date: 2024-04-19 Tentative Ruling
Case Number: 23BBCV01179 Hearing Date: April 19, 2024 Dept: NCB
North Central District
JUAN A. GONZALEZ, Plaintiff, v.
RAFAEL RODRIGUEZ VILLALOBOS, Defendants. |
Case No.: 23BBCV01179
Hearing Date: April 19, 2024 [TENTATIVE] ORDER RE: DEMURRER
|
BACKGROUND
A. Allegations
Plaintiff Juan A. Gonzalez (a self-represented litigant, “Plaintiff”) filed the first amended complaint (“FAC”) on November 16, 2023 against Defendant Rafael Rodriguez Villalobos (“Defendant”). Plaintiff alleges that on October 8, 2022, he took his special edition 1973 Super Beetle GSR to Defendant’s place of residence/home/work to do a compression test of the engine only. Plaintiff alleges that he left the vehicle with Defendant and after getting the “run around” for 3 weeks, Plaintiff rented a U-Haul trailer to pick up his car on November 14, 2022. Plaintiff alleges that when he arrived at Defendant’s place, Plaintiff went to the driver’s door and the handle fell off, but Plaintiff took the vehicle due to the limited time on the U-Haul. Plaintiff alleges that he noticed the engine carburetor had been changed and the chassis was replaced with an old rusted corroded one. The FAC alleges causes of action for: (1) motor vehicle; (2) general negligence; (3) intentional tort; (4) premises liability; and (5) premises liability.
B. Relevant Background and Demurrer on Calendar
On August 3, 2023, the default of Defendant was entered.
On February 13, 2024, Defendant (a self-represented litigant) filed a demurrer to the complaint.
On March 20, 2024, Plaintiff filed an opposition brief.
DISCUSSION
Defendant filed a demurrer to the complaint.
As a preliminary matter, the Court notes that Defendant is a defaulted party. “A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.” (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385–386.)
As such, Defendant’s demurrer is improperly filed and will be taken off-calendar.
CONCLUSION AND ORDER
Defendant Rafael Rodriguez Villalobos’s demurrer to the complaint is taken off-calendar as an improperly filed pleading. Defendant is currently a defaulted party.