Judge: Lee W. Tsao, Case: 23NWCV02365, Date: 2024-04-10 Tentative Ruling

Case Number: 23NWCV02365    Hearing Date: April 10, 2024    Dept: C

MARI INNABI v. DEMIS COBONLOPEZ, ET AL.

CASE NO.:  23NWCV02365

HEARING:  4/10/24 @ 10:30 A.M.

#7

TENTATIVE RULING

Defendant Ean Holdings, LLC’s demurrer is OVERRULED.  

Moving Party to give NOTICE.

The motion is unopposed as of April 9, 2024.

Plaintiff Mari Innabi sues defendants Demis Cobonlopez; Ean Holdings, LLC; and DOES 1 to 50 for a motor vehicle collision that occurred on November 27, 2021, in Santa Ana, California. Defendant Demis Cobonlopez allegedly operated the motor vehicle, and Ean Holdings, LLC allegedly owned the motor vehicle.

Defendant Ean Holdings, LLC demurs to the complaint in its entirety and the first cause of action because the Court lacks subject matter jurisdiction based on preemption, the complaint fails to state a cause of action, and it is uncertain.

Meet and Confer

Defendant did not satisfy the meet-and-confer requirements. (Code. Civ. Proc., § 430.41, subd. (a).) Defendant did not submit a declaration about its meet-and-confer efforts, if any. (Code. Civ. Proc., § 430.41, subd. (a).) However, a determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. (Code Civ. Proc., § 430.41, subd. (a) (40.)

Requests for Judicial Notice

Defendant requests judicial notice of various federal cases and statutes. Based on Evidence Code section 451, subdivision (a), the Court grants the requests.

Discussion

Defendant contends it cannot be held liable based on vicarious liability under 49 U.S.C. section 30106(a).  49 U.S.C. section 30106(a) (“Graves Amendment”) states: 

(a) In general.-- An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if— 

(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and 

(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner). 

(42 U.S.C. § 30106.) 

There are no allegations in the complaint that Defendant is engaged in the business of renting or leasing motor vehicles.

Defendant makes no further arguments.

Thus, the Court overrules the demurrer.