Judge: Kevin C. Brazile, Case: 22STCV38860, Date: 2024-05-06 Tentative Ruling

Hearing Date: May 6, 2024

Case Name: Albertoni v. LAUSD, et al.

Case No.: 22STCP00098

Matter: Demurrer; Motion to Strike

Moving Party: Defendant LAUSD

Responding Party: Unopposed

Notice: OK

Ruling: The Demurrer is sustained, without leave to amend.

The Motion to Strike is denied as moot.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On January 17, 2023, Plaintiff Diane Albertoni filed the operative Second Amended Complaint (“SAC”), which alleges a negligence claim against Defendant LAUSD.

Defendant LAUSD now demurs to the SAC for lack of jurisdiction and failure to state sufficient facts. 

As there is no opposition, the subject causes of action are deemed abandoned.  (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)  The Demurrer is sustained, without leave to amend.

LAUSD has also brought a Motion to Strike, but, given the ruling above, the Motion to Strike is denied as moot.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.