Judge: Maurice A. Leiter, Case: 21STCV34143, Date: 2024-10-15 Tentative Ruling

Case Number: 21STCV34143    Hearing Date: October 15, 2024    Dept: 54

Hearing Date: October 15, 2024

Department 54, Judge Maurice A. Leiter

Motion to Dismiss

Moving Party: Defendant/Cross-Complainant Brenda Dietlein aka Brenda-Lee Malley

Responding Party: Plaintiff Robert Farias

T/R:     DEFENDANT’S MOTION TO DISMISS IS DENIED.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

Defendant/Cross-Complainant Brenda Dietlein aka Brenda-Lee Malley moves to dismiss this action on the grounds that Plaintiff failed to properly serve Defendant, that the action should be removed to federal court under diversity jurisdiction, and that the operative pleading fails to state a claim.

On November 2, 2022, Defendant filed an answer to Plaintiff’s first amended complaint and filed a cross-complaint against Plaintiff. These actions preclude Defendant from challenging service; Plaintiff has submitted to the Court’s jurisdiction. Defendant may not challenge the sufficiency of the pleadings via demurrer as Defendant has already answered the FAC. This Court may not decide whether a federal court would have jurisdiction.

The motion to dismiss is DENIED.