Judge: Mark E. Windham, Case: 23VECV05342, Date: 2024-08-01 Tentative Ruling

Case Number: 23VECV05342    Hearing Date: August 1, 2024    Dept: 26

Peter v. Cooperative Regions of Organic Producer Pools, et al.

MOTION TO DISMISS

(CCP § 581(f))

TENTATIVE RULING:

Defendant Cooperative Regions of Organic Producer Pools’ Motion to Dismiss is GRANTED. PLAINTIFF EMEKA VICTOR OKWUDILI PETER’S COMPLAINT IS DISMISSED WITH PREJUDICE AS TO DEFENDANT COOPERATIVE REGIONS OF ORGANIC PRODUCER POOLS.

ANALYSIS:

On December 4, 2023, Plaintiff Emeka Victor Okwudili Peter (“Plaintiff”) filed the Complaint in this action against Defendant Cooperative Regions of Organic Producer Pools (“Defendant CROPP”) and others for (1) general negligence against all Defendants; (2) negligence per se against all Defendants; (3) strict liability against all Defendants; and (4) negligent hiring, retention, and control of employees against Defendants Ralphs Grocery Company d/b/a Ralphs and Kroger Company. On May 7, 2024, the Court sustained Defendant CROPP’s demurrer to the Complaint without leave to amend and granted its motion to strike portions of the Complaint with 30 days’ leave to amend. (Minute Order, 05/07/24.) To date, Plaintiff has not filed an amended Complaint.

Defendant CROPP filed the instant Motion to Dismiss on June 11, 2024. No opposition has been filed to date.

Discussion

Code of Civil Procedure, section 581, subdivision (f)(1) provides that upon motion of any party, the Court may dismiss the Complaint when a defendant’s demurrer is sustained without leave to amend and either party moves for dismissal. In light of the Court’s ruling sustaining Defendant CROPP’s Demurrer without leave to amend and the instant Motion, dismissal of Plaintiff’s Complaint is appropriate at to Defendant CROPP.

Also, Code of Civil Procedure, section 581, subdivision (f)(4) provides that upon motion of any party, the Court may dismiss the Complaint when a defendant’s motion to strike is granted with leave to amend and the plaintiff does not amend within the time provided. Based on the Court’s May 7, 2024 ruling granting Defendant CROPP’s motion to strike with leave to amend and Plaintiff’s failure to file an amended pleading within the 30 days permitted, dismissal is also proper under this statute. Nor has Plaintiff filed an opposition to the instant Motion to Dismiss.

Conclusion

Defendant Cooperative Regions of Organic Producer Pools’ Motion to Dismiss is GRANTED. PLAINTIFF EMEKA VICTOR OKWUDILI PETER’S COMPLAINT IS DISMISSED WITH PREJUDICE AS TO DEFENDANT COOPERATIVE REGIONS OF ORGANIC PRODUCER POOLS.

Moving party to give notice.