Judge: Maurice A. Leiter, Case: 24STCV19188, Date: 2025-03-07 Tentative Ruling

Case Number: 24STCV19188    Hearing Date: March 7, 2025    Dept: 54

Superior Court of California

County of Los Angeles

 

Dermot Givens,

 

 

 

Plaintiff,

 

Case No.:

 

 

24STCV19188

 

vs.

 

 

Tentative Ruling

 

 

City of Los Angeles, et al.,

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date: March 7, 2025

Department 54, Judge Maurice Leiter

Motion to Quash Search Warrant

Moving Party: Plaintiff Dermot Givens

Responding Party: Defendants City of Los Angeles, et al.

 

T/R:      PLAINTIFF’S MOTION TO QUASH SEARCH WARRANT IS DENIED.

 

PLAINTIFF 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.

 

Plaintiff moves to quash the search warrant giving rise to this action. Plaintiff asserts that Defendants wrongfully searched his home under an impermissibly vague search warrant. He argues that Defendants should not be allowed to claim immunity for their actions via the warrant. In opposition, Defendants point out that there is no procedure to quash a search warrant in civil actions, and that whether Defendants are immune from liability due to the warrant is a question of fact for summary judgment or trial. The Court agrees.

 

Plaintiff’s motion to quash is DENIED.