Judge: Mark E. Windham, Case: 23NWLC06802, Date: 2024-04-23 Tentative Ruling

Case Number: 23NWLC06802    Hearing Date: April 24, 2024    Dept: 26

Creditors Adjustment Bureau, Inc v. Lübel, et al.

MOTION TO DISMISS

TENTATIVE RULING:

Defendant Daniel H. Lübel aka Dan H. Lubel aka Daniel Lubel aka Daniel Lpbel aka Dan Lubel dba DL Builders’ Motion to Dismiss is DENIED.

ANALYSIS:

On March 13, 2023, Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) filed a complaint against Defendant Daniel H Lübel aka Dan H Lubel aka Daniel Lubel aka Daniel Lpbel aka Dan Lubel dba D L Builders (“Defendant”) alleging causes of action for (1) breach of contract, (2) open book account, (3) account stated, and (4) reasonable value. Defendant, in propria persona, filed an Answer to the Complaint on May 19, 2023.

On July 20, 2023, the Court determined that the matter was not a collection hub case and reassigned it to Department 25 of the Spring Street Courthouse. (Minute Order, 07/20/23.) The Court granted Plaintiff’s discovery motions on November 8, 2023. (Minute Order, 11/08/23.) On December 22, 2023, Defendant filed the instant Motion to Dismiss. Plaintiff filed an opposition on March 1, 2024. The Motion was set for hearing on March 21, 2024 but the action was then transferred to Department 26 of the Spring Street Courthouse. (Minute Order, 03/21/24.)

Discussion

Defendant’s moving papers do not provide the Court with a sufficient legal basis or relevant authority to dismiss the action. Plaintiff correctly cites that Code of Civil Procedure section 1010 specifically provides that notice of a motion “must state … the grounds upon which it will be made, and the papers, if any, upon which it is to be based. (Code Civ. Proc., § 1010.) Additionally, Cal. Rules of Court, rule 3.1110(a) provides that a notice of motion, “must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.1110(a).) Defendant’s papers cite no legal authority that gives the Court the authority to dismiss the case.

 “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113(b).) Indeed, Defendant’s failure to provide a memorandum as required by the Rule is an “admission that the [request] is without merit and cause for its denial.” (Cal. Rules of Court, Rule 3.1113(a), (b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 976.)

Conclusion

Defendant Daniel H. Lübel aka Dan H. Lubel aka Daniel Lubel aka Daniel Lpbel aka Dan Lubel dba DL Builders’ Motion to Dismiss is DENIED.

Court clerk to give notice.