Judge: Matthew C. Braner, Case: 37-2022-00051850-CU-PA-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Auto Demurrer / Motion to Strike 37-2022-00051850-CU-PA-CTL PINEDA VS BARGAIN RENT A CAR [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants L.G.R. Inc. and Roger Mochel's demurrer to the first amended complaint is SUSTAINED.

The court takes judicial notice of the Statement of Information for L.G.R. Inc. filed with the California Secretary of State on May 31, 2022. (ROA #42, Ex. A.) Plaintiffs Andres Pineda and Sandra Pineda did not file an opposition to Defendants' motion. Pursuant to this court's local rules, such failure to respond will be deemed a concession the motion has merit. (San Diego Local Rule 2.1.19.B.) A demurrer shall be sustained if the complaint 'does not state facts sufficient to constitute a cause of action.' (Code Civ. Proc., § 430.10(e).) To test the sufficiency of a cause of action, the court treats as true 'all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' (Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc. (2016) 1 Cal.5th 994, 1010.) The court may also consider matters that have been judicially noticed. (Id.) The court shall give the complaint a 'reasonable interpretation, reading it as a whole and its parts in their context.' (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) In their first amended complaint, Plaintiffs bring causes of action for motor vehicle negligence and general negligence. Defendants demur to both causes of action on the basis they cannot be held vicariously liable for the alleged negligence of Defendant Jason Howard, who purportedly struck Plaintiff's vehicle while driving a vehicle rented from Defendants. (FAC, p. 5 ['At the time and place described above, Defendant Doe 3: JASON HOWARD negligently drove the rented vehicle causing the incident at issue by colliding with Plaintiff.'].) The court agrees.

Under Federal law, an owner of a motor vehicle that is 'engaged in the trade or business of renting or leasing motor vehicle,' and is not itself negligent or engaged in criminal wrongdoing, cannot be held liable for 'harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease.' (49 U.S.C. § 30106, subd. (a).) Here, according to the judicially noticed Statement of Information, Defendant L.G.R. Inc. is an 'Auto Rental & Sales' business, and Defendant Roger Mochel is its CEO. Other than attempting to hold Defendants vicariously liable for the alleged negligence of Defendant Howard, who 'drove the rented vehicle causing the incident,' (FAC, p. 5), Plaintiffs do not allege Defendants were separately negligent or engaging in wrongdoing of some kind. Thus, the claims in the FAC against Defendants cannot survive demurrer.

Accordingly, Defendants' demurrer is sustained with leave to amend.

Calendar No.: Event ID:  TENTATIVE RULINGS

3066989  17 CASE NUMBER: CASE TITLE:  PINEDA VS BARGAIN RENT A CAR [IMAGED]  37-2022-00051850-CU-PA-CTL Plaintiffs have 30 days from entry of this order to file and serve a second amended complaint.

The minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3066989  17