Judge: Kerry Bensinger, Case: 21STCV01110, Date: 2023-05-15 Tentative Ruling

Case Number: 21STCV01110    Hearing Date: May 15, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 15, 2023                         TRIAL DATE:  November 27, 2023

CASE:                                Arturo Vasquez v. Confie Seguro Holding Co., et al.

CASE NO.:                 21STCV01110

MOTION FOR JUDGMENT ON THE PLEADINGS

MOVING PARTY:               Defendants Confie Seguros Holding Co. and Freeway Insurance Services, Inc.

RESPONDING PARTY:     No opposition

            On January 11, 2021, plaintiff Arturo Vasquez (“Plaintiff”) filed this action against defendants Confie Seguros Holding Co. (“CSH”), Freeway Insurance Services, Inc. (“FIS”), Vigen Yaghobi, and Isaac Ashorzadeh, arising out of a January 14, 2019 slip and fall.

On December 28, 2022, CSH and FIS (hereinafter, “Defendants”) filed motions to compel Plaintiff’s responses to form interrogatories, special interrogatories, and requests for production, and to deem admitted requests for admission.  The Court granted the motions to compel and deemed admitted the requests for admission against Plaintiff on March 9, 2023.

On March 17, 2023, Defendants filed the instant motion for judgment on the pleadings.

The motion is unopposed.

            Defendants’ motion is improper.  The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts the court may judicially notice.  (Code Civ. Proc., § 438, subd. (d).)  Declarations or other extrinsic matters are improper.  Therefore, discovery admissions or other evidence controverting the pleadings cannot be considered.  Rather, the pleading under attack must be accepted as true.  (Weil & Brown, The Rutter Group California Practice Guide, Civil Procedure Before Trial, Motion for Judgment on the Pleadings, ¶ 7:322.)

            Here, Defendants’ motion is predicated entirely on Plaintiff’s deemed admissions.  This is precisely the sort of extrinsic evidence that cannot be considered on a motion for judgment on the pleadings.  The proper vehicle to controvert a material fact in the pleading is a motion for summary judgment.

            Accordingly, the motion is DENIED.

Moving party to give notice. 

Dated:   May 15, 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.