Judge: Jon R. Takasugi, Case: 24STCV07063, Date: 2024-08-05 Tentative Ruling

Case Number: 24STCV07063    Hearing Date: August 5, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

LAHSA’s demurrer is SUSTAINED. LAHSA’s demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND, as to the first cause of action. LAHSA’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND, as to the second cause of action.

            On 3/21/2024, Plaintiff Deborah Kanter (Plaintiff) filed suit against Emotional Health Association, Los Angeles County Dept. of Mental Health, Los Angeles County Dept. Healthcare Services, Los Angeles Homeless Services Authority (collectively, Defendants), alleging: (1) negligence; and (2) premises liability.

            On 6/14/2024, Defendant Los Angeles Homeless Services Authority (LAHSA) demurred to Plaintiff’s Complaint.

            The motion is unopposed.

Discussion

            LAHSA argues that Plaintiff has failed to state a claim because she does not plead compliance with the Government Claims Act.

            After review, the Court agrees.

The Government Claims Act (also referred to as the Tort Claims Act) requires that any civil complaint for money or damages first be presented to and rejected by the pertinent public entity. (Gov. Code §§ 910, 912.4, 912.8, 945.4.) “Generally speaking, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented until a written claim has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board. [Citations.] A ‘public entity’ includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (Gov. Code, § 811.2.) [¶] Under Government Code section 945.4, presentation of a timely claim is a condition precedent to the commencement of suit against the public entity.” (Munoz v. State of California (1995) 33 Cal. App. 4th 1767, 1776-1777.) The California Supreme Court has held that claim presentation is an element of a cause of action against a public entity. (State of California v. Superior Court (2004) 32 Cal.4th 1234.)

Here, while Plaintiff checked the box on the form Complaint that she has as complied with applicable claims statutes (Id. at p. 2, ¶ 9), no facts are provided in support. Plaintiff must allege facts which could demonstrate timely presentation of a claim. (Willis v. City of Carlsbad (2020) 48 Cal. App. 5th 1104, 1119.)

LAHSA also argues that Plaintiff’s cause of action for premises liability is duplicative of the general negligence cause of action. The Court agrees. In both causes of action, Plaintiff alleges she was assaulted and injured by her roommate, “Jaime”, while a resident at the Share! Journey House, after she had complained about Jaime’s threatening and aggressive conduct. (Complaint, p. 4, ¶¶ GN-7, 9 & 10; p.5, ¶ Prem.L -1.) Plaintiff similarly alleges Defendants had a duty to ensure that they had adequate policies and procedures in place to minimize or alleviate aggression between housemates and breached their duties resulting in Plaintiff’s injuries. (Id. at p. 4, ¶¶ 3 & 10; p.5, ¶ Prem.L -1.) Each cause of action seeks damages for her personal injuries.

Accordingly, while the Court grants leave to amend to allege facts which could show compliance with the Government Claims Act, the Court sees no basis to afford leave to amend for Plaintiff’s redundant premises liability claim. Duplicative causes of action have been recognized as a basis for sustaining a demurrer. (See Rodrigues v. Campbell Industries (1978) 87 Cal.App.3d 494, 501 [finding demurrer was properly sustained without leave to amend as to cause of action that contained allegations of other causes and “thus add[ed] nothing to the complaint by way of fact or theory of recovery”].

Based on the foregoing, LAHSA’s demurrer is sustained. LAHSA’s demurrer is sustained, with 15 days leave to amend, as to the first cause of action. LAHSA’s demurrer is sustained, without leave to amend, as to the second cause of action.

It is so ordered.

Dated:  August    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.