Judge: Lynne M. Hobbs, Case: 20STCV38141, Date: 2023-10-26 Tentative Ruling

Case Number: 20STCV38141    Hearing Date: October 26, 2023    Dept: 30

LAURA RODRIGUEZ TRUJILLO vs E & T FOODS, INC., et al.

Motion for Judgment on the Pleadings

TENTATIVE

Motion for Judgment on the Pleadings as to Count Three of the First Cause of Action of the Complaint is granted without leave to amend. Moving party to give notice.


DISCUSSION

The Court finds that count three of the first cause of action is insufficiently alleged. Defendant is a corporation and is not a public entity. (Defendant’s RJN, Exhibit A.) The complaint states in Paragraph 5 therein that Defendant is a corporation. Even if Defendant was, in fact, a public entity, count three of the first cause of action would be insufficient in its current form because common law tort liability cannot be imposed against public entities. Plaintiff has failed to oppose Defendant’s motion for judgment on the pleadings, which “creates an inference that the motion is meritorious.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Due to the lack of opposition to the motion, Plaintiff has not met her burden in showing how count three of the first cause of action can be amended to state a sufficient count for dangerous condition of public property.

The Court therefore GRANTS the Motion WITHOUT LEAVE TO AMEND under Lowry v. Port San Luis Harbor District, supra, 56 Cal.App.5th 211, 221.