Judge: Mark E. Windham, Case: 24STLC02499, Date: 2024-07-16 Tentative Ruling

Case Number: 24STLC02499    Hearing Date: July 16, 2024    Dept: 26

Ortiz v. Smith, et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Housing Authority of the City of Los Angeles’ Demurrer to the Complaint is OVERRULED.

BASED ON THE RELIEF SOUGHT IN THE COMPLAINT, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFFS KIMBERLY ORTIZ AND MARIA GLORIA ANDRADE ARE ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ALL HEARING DATES IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE ARE VACATED. 

ANALYSIS:

On April 5, 2024, Plaintiffs Kinberly Ortiz and Mana Gloria Andrade (“Plaintiffs”), in propria persona, filed the Complaint in this action against Defendants Kito Robinson Smith (“Defendant Smith”) and Housing Authority of the City of Los Angeles (“Defendant HACLA”). Defendant HACLA filed a Notice of Appearance on May 14, 2024, then the instant Demurrer to the Complaint on June 11, 2024. No opposition has been filed to date.

Discussion

The Demurrer is not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. Defendant is admonished that failing to meet and confer in the future may result in the Demurrer being placed off calendar.

The Demurrer is brought on three separate grounds: the Complaint (1) fails to allege facts sufficient to state a cause of action; (2) is uncertain; and (3) is moot. (Demurrer, p. 1:18-20.) Special demurrers, however, are not permitted in the limited jurisdiction court. (Code Civ. Proc., § 92, subd. (c).) Therefore, the Court will not rule on the demurrer for uncertainty. Nor does the Demurrer cite authority for a demurrer based on mootness. The memorandum of points and authorities relies on Code of Civil Procedure section 430.10, which does not state a party may object by demurrer on the grounds that a pleading is moot. The Demurrer also cites two cases regarding mootness. Parkford Owners for a Better Community v. County of Placer (2020) 54 Cal.App.5th 714, 721, however, concerned a motion for judgment on the pleadings, not a demurrer. Center for Environmental Science, Accuracy & Reliability v. Department of Water Resources (Cal. Ct. App., Feb. 1, 2021, No. C080967) 2021 WL 320814, is an unpublished case that cannot be cited as legal authority. Therefore, no authority is presented to sustain the Demurrer on the grounds that the Complaint is moot. The Court accordingly denies Defendant HACLA’s request for judicial notice, which is directed to the mootness argument.

Defendant HACLA makes a minimal argument that the Complaint fails to allege facts sufficient to state a cause of action because it is “completely incomprehensible and of no legal merit whatever.” (Demurrer, p. 2:13-20.) The Complaint purports to seek injunctive relief to prevent Plaintiffs’ eviction from the premises at 1343 E. 114th Street, Apartment 657, Los Angeles, California. (Compl., p. 1-2.) No other argument is provided in the Demurrer regarding the sufficiency of Plaintiffs’ allegations for injunctive relief. Therefore, the Demurrer for failure to allege facts sufficient to state a cause of action is overruled.

The Court, now having now ruled on the Demurrer to the Complaint, finds it lacks jurisdiction to issue a judgment in this action. The limited jurisdiction court lacks jurisdiction to issue the injunctive relief sought in the Petition. (See Code Civ. Proc., §§ 85, 86.)

Therefore, the case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Plaintiffs are ordered to pay the reclassification fee within ten (10) days.

Conclusion

Defendant Housing Authority of the City of Los Angeles’ Demurrer to the Complaint is OVERRULED.

BASED ON THE RELIEF SOUGHT IN THE COMPLAINT, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFFS KIMBERLY ORTIZ AND MARIA GLORIA ANDRADE ARE ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ALL HEARING DATES IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE ARE VACATED. 

Court clerk to give notice.