Judge: Melvin D. Sandvig, Case: 20STCV29179, Date: 2023-02-14 Tentative Ruling
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Case Number: 20STCV29179 Hearing Date: February 14, 2023 Dept: F47
Dept. F47
Date: 2/14/23 TRIAL
DATE: 11/13/23
Case #20STCV29179
MOTION FOR
JUDGMENT ON THE PLEADINGS
Motion filed on 1/18/23.
MOVING PARTY: Defendant/Cross-Defendant/Cross-Complainant
County of Los Angeles
RESPONDING PARTY: Defendant/Cross-Complainant/Cross-Defendant
The Curcio Family Trust of 1993
NOTICE: ok
RULING: The motion is placed off calendar.
This action arises out of an incident that occurred on
6/22/20 at approximately 8:50 p.m. on San Francisquito Canyon Road in Santa
Clarita, California. While on horseback
and trying to cross San Francisquito Canyon Road, Plaintiff Brittany Domenick
(Plaintiff) was struck by a vehicle driven by Defendant Frank M. Loya. Plaintiff sued the County of Los Angeles (the
County) claiming that there was a dangerous condition on San Francisquito Road
(public property) (5th cause of action) of which the County failed
to warn (6th cause of action).
On 5/24/21, Defendants The Curcio Family Trust of 1993 (the
Trust) and Timothy J. Curcio, Trustee of the Curcio Family Trust of 1993 (Mr.
Curcio) filed a cross-complaint in this action.
On 7/7/21, an amendment to that cross-complaint was filed naming County
of Los Angeles (the County) in place of Roe 1.
On 12/21/22, the Court granted the County’s motion for
summary judgment as to Plaintiff’s complaint.
(See 12/21/22 Minute Order).
After meet and confer efforts between counsel for the County
and counsel for the Trust and Mr. Curcio, on 1/9/23, Mr. Curcio filed a Request
for Dismissal requesting the dismissal of the County on the
cross-complaint. The dismissal was
entered the same day. (See
Request for Dismissal filed 1/9/23).
On 1/18/23, Defendant/Cross-Defendant/Cross-Complainant
County of Los Angeles (the County) filed and served the instant motion seeking
an order granting judgment on the pleadings in favor of the County on
Defendant/Cross-Complainant/Cross-Defendant The Curcio Family Trust of 1993’s (the
Trust) cross-complaint and all causes of action therein. In the motion, the County explains that while
Timothy J. Curcio filed a dismissal as to the cross-complaint on 1/9/23, the
Trust had not dismissed the cross-complaint as to the County as of the date
this motion was filed, despite requests that it do so. (See Motion, p.3:17-18; Yap Decl. ¶¶4-14).
On 1/23/23, a Request for Dismissal as to the
cross-complaint filed by the Curcio Family Trust of 1993 was filed and entered
on the same day. (See Request for
Dismissal filed on 1/23/23). Based on
the filing and entry of the dismissal of the cross-complaint filed by the
Trust, the instant motion is moot.