Judge: Mark E. Windham, Case: 23STLC03936, Date: 2023-11-06 Tentative Ruling

Case Number: 23STLC03936    Hearing Date: March 27, 2024    Dept: 26

Chen v. Newman Dermatology Beverly Hills (NDBH), et al.

MOTION FOR RECONSIDERATION

TENTATIVE RULING:

Plaintiff Jimmy Chen’s Motion for Reconsideration is DENIED.

ANALYSIS:

Plaintiff Jimmy Chen (“Plaintiff”), in propria persna, filed the instant action for breach of contract and fraud against Defendant Armand Newman, Inc. dba Newman Dermatology Beverly Hills (“Defendant”) (erroneously sued as Newman Dermatology Beverly Hills (NDBH)) on June 22, 2023. The First Amended Complaint was filed on August 30, 2023. On November 6, 2023, the Court overruled Defendant’s demurrer to the breach of contract cause of action in the First Amended Complaint and sustained the demurrer to the fraud cause of action with leave to amend. (Minute Order, 11/06/23.) The Court also granted Defendant’s Motion to Strike portions of the First Amended Complaint asking for leave to allege punitive damages and seeking attorney’s fees. (Ibid.)

Plaintiff filed the Second Amended Complaint on November 17, 2024, again alleging breach of contract and fraud. On January 18, 2024, the Court sustained Defendant’s Demurrer to, and Motion to Strike Portions of, the Second Amended Complaint without leave to amend. (Minute Order, 01/18/24.)

Plaintiff moves for reconsideration of the Court’s order but provides no legal authority regarding reconsideration. (Motion, pp. 2-6.) “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, Plaintiff’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.) Without legal authority for reconsideration of the Court’s earlier order, the Court finds no basis to grant Plaintiff’s request for relief.

Plaintiff Jimmy Chen’s Motion for Reconsideration is DENIED.

Court clerk to give notice.