Judge: Kerry Bensinger, Case: 20STCV08946, Date: 2023-05-02 Tentative Ruling

Case Number: 20STCV08946    Hearing Date: May 2, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 2, 2023                           TRIAL DATE:  October 31, 2023

CASE:                         Travis Sheffield v. Sinanian Development, Inc., et al.

CASE NO.:                 20STCV08946

MOTION FOR JUDGMENT ON THE PLEADINGS

MOVING PARTY:               Five-Star Plastering, Inc.

RESPONDING PARTY:      None

I.          BACKGROUND

            On March 5, 2020, Plaintiff Travis Sheffield filed this action against defendants Sinanian Development Inc. dba Sinanian, LA Main Affiliates, LLC, and Does 1 through 100 for premises liability and negligence.  On May 11, 2020, Plaintiff added defendants Five Star Plastering, Inc. (“FSP”) as Doe 1 and California Access Scaffold as Doe 2.  In the Complaint, Plaintiff alleges that he tripped and fell on a sidewalk surface on June 28, 2017 that Defendants owned maintained, controlled, possessed repaired, inspected, operated, designed, built, managed and cleaned.

            On March 8, 2023, FSP filed this motion for judgment on the pleadings arguing that Plaintiff’s causes of action for premises liability and negligence are barred by the statute of limitations.   

            The motion is unopposed.

II.        LEGAL STANDARDS

A.    Judgment on the Pleadings

“A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.  [Citations.]”  (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.)  The court must assume the truth of all properly pleaded material facts and allegations, but not contentions or conclusions of fact or law.  (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Wise v. Pacific Gas and Elec. Co. (2005) 132 Cal.App.4th 725, 738.)  “A judgment on the pleadings in favor of the defendant is appropriate when the complaint fails to allege facts sufficient to state a cause of action.  (Code Civ. Proc., § 438, subd. (c)(3)(B)(ii).)”  (Kapsimallis v. Allstate Ins. Co. (2002) 104 Cal.App.4th 667, 672.)  “Presentation of extrinsic evidence is therefore not proper on a motion for judgment on the pleadings.  [Citation.]”  (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) be”].)  Allegations are to be liberally construed.  (Code Civ. Proc., § 452.)  In construing the allegations, the court is to give effect to specific factual allegations that may modify or limit inconsistent general or conclusory allegations.  (Financial Corporation of America v. Wilburn (1987) 189 Cal.App.3rd 764, 769.)   Judicial Council form complaints are not invulnerable to demurrer.  (People ex rel. Dept. of Transportation v. Superior Court (1992) 5 Cal.App.4th 1480, 1482.)

B.     Statute of Limitations

Code of Civil Procedure section 335.1 provides: “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

III.      DISCUSSION

A.    Meet and Confer 

The parties shall meet and confer at least five days before the date a motion for judgment on the pleadings is filed.  If the parties are unable to meet and confer by that time, the moving party shall be granted an automatic 30-day extension of time within which to file a motion for judgment on the pleadings, by filing and serving, on or before the date a motion for judgment on the pleadings must be filed, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer.  (Code Civ. Proc., § 439, subd. (a)(2).)  Defense counsel has satisfied the meet and confer requirement.  (Declaration of B. Eric  Nelson, ¶¶ 7-10.)   

B.     Analysis

FSP argues that Plaintiff’s Complaint is barred by the statute of limitations.  The Court agrees.  A pleading, which, on its face, is barred by the statute of limitations does not state a viable cause of action and is subject to judgment on the pleadings.  (Hunt v. County of Shasta (1990) 225 Cal.3d 432,440.)  Personal injury actions must be filed within two years from the date of the wrongful act or neglect of another.  (Code Civ. Proc., § 335.1.)  Here, Plaintiff alleges that he sustained injuries from a trip and fall on June 28, 2017.  (Complaint, ¶¶ 10, 17.)  Therefore, Plaintiff was required to file this action by June 28, 2019, but did not do so until March 5, 2020.  Plaintiff’s action is time-barred. 

IV.       CONCLUSION

Accordingly, FSP’s motion for judgment on the pleadings is GRANTED.

Moving party to give notice. 

IT IS SO ORDERED.

Dated:   May 2, 2023                                   ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.