Judge: Lisa R. Jaskol, Case: 23STCV26754, Date: 2024-06-25 Tentative Ruling

Case Number: 23STCV26754    Hearing Date: June 25, 2024    Dept: 28

On November 1, 2023, Plaintiff Jason Reedy (“Plaintiff”) filed this action against Defendants Kevin De Leon (“De Leon”), City of Los Angeles (“City”), and Does 1-10 for negligence—premises liability and battery. 

On February 28, 2024, the Court sustained the City’s demurrer to Plaintiff’s complaint with 20 days leave to amend and dismissed the City without prejudice. 

On April 23, 2024, the Court sustained De Leon’s demurrer to Plaintiff’s complaint with 20 days leave to amend. The Court ordered: “If the complaint is not amended within 20 days, the complaint against Kevin de Leon is DISMISSED.” 

On April 24, 2024, Plaintiff electronically served a first amended complaint.  (See Declaration of Lana Rayan in Support of Defendant Kevin De Leon’s Demurrer to Plaintiff’s First Amended Complaint and Motion to Dismiss Defendant Kevin De Leon Pursuant to C.C.P §581(f)(1), dated May 29, 2024 (“Rayan dec.”) ¶ 6); Rayan Dec. exh. 2 [copy of Plaintiff’s first amended complaint served on De Leon].) 

However, Plaintiff’s first amended complaint is not contained in the Court’s file.  The Court has no evidence that Plaintiff filed the first amended complaint. 

On May 29, 2024, De Leon filed a demurrer to Plaintiff’s first amended complaint, to be heard on June 25, 2024.  On June 17 and 21, 2024, Plaintiff filed oppositions to the demurrer.  On June 21, 2024, De Leon filed a notice stating that Plaintiff had not served an opposition to the demurrer on De Leon. 

The Court continues the hearing on De Leon’s demurrer and orders Plaintiff’s counsel to submit a supplemental declaration stating whether Plaintiff timely filed a first amended complaint.  If Plaintiff timely filed a first amended complaint, Plaintiff’s counsel is to attach a file-stamped copy to his supplemental declaration.  De Leon may file a responsive supplemental declaration.

The Court also orders Plaintiff's counsel to state in his supplemental declaration if and when he served Plaintiff's opposition to De Leon's demurrer to the first amended complaint on De Leon's counsel.  If Plaintiff's counsel served Plaintiff's opposition on De Leon's counsel, Plaintiff's counsel is to attach a copy of the email or emails transmitting the opposition to De Leon's counsel to his supplemental declaration.  De Leon may file a responsive supplemental declaration.

The Court will provide a continued hearing date and filing deadlines for the supplemental declarations at the June 25, 2024 hearing. 

Moving party is ordered to give notice of this ruling.