Judge: Melvin D. Sandvig, Case: 23CHCV01662, Date: 2024-07-26 Tentative Ruling

Case Number: 23CHCV01662    Hearing Date: July 26, 2024    Dept: F47

Dept. F47

Date: 7/26/24

Case #23CHCV01662

 

DEMURRER & MOTION TO STRIKE TO THE ORIGINAL COMPLAINT

 

Demurrer & Motion to Strike filed on 5/8/24.

 

MOVING PARTY: Defendant Department of Corrections and Rehabilitation (CDCR) and the California Department of Forestry and Fire Protection (Cal Fire) erroneously sued as the “California Fire Department” and the “State Board of Forestry and Fire Protection”

 

RESPONDING PARTY: Plaintiffs Emilio Valdovinos and Jaime Madrigal

 

NOTICE: ok

 

Demurrer is to the 1st – 5th causes of action:

            1.  Dangerous Condition of Public Property

            2.  Negligent Hiring/Training/Supervision/Retention

            3.  Failure to Protect From Harm, Violation of the Fourteenth Amendment Violation (42 U.S.C. §1983)

            4.  Municipal Liability for Unconstitutional Policies and Customs (42 U.S.C. §1983)

            5.  Supervisory Liability for Unconstitutional Policies, Procedures, Practices and Customs (42 U.S.C. §1983)

            6.  Negligence (not alleged against Moving Parties)

 

RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of the complaint.

 

RULING: The demurrer and motion to strike are placed off calendar as moot. 

 

On 6/8/23, Plaintiffs Emilio Valdovinos and Jaime Madrigal filed this action against Los Angeles County Fire Department; California Fire Department; State of California – California Department of Corrections and Rehabilitation; State Board of Forestry and Fire Protection and Does 1-50 for: (1) Dangerous Condition of Public Property; (2) Negligent Hiring/ Training/ Supervision/Retention; (3) Failure to Protect From Harm, Violation of the Fourteenth Amendment Violation (42 U.S.C. §1983); (4) Municipal Liability for Unconstitutional Policies and Customs (42 U.S.C. §1983); (5) Supervisory Liability for Unconstitutional Policies, Procedures, Practices and Customs (42 U.S.C. §1983) and (6) Negligence. 

 

On 5/8/24, Defendant Department of Corrections and Rehabilitation (CDCR) and the California Department of Forestry and Fire Protection (Cal Fire) erroneously sued as the “California Fire Department” and the “State Board of Forestry and Fire Protection” filed and served the instant demurrer as to all causes of action alleged against these defendants (1st – 5th causes of action) and the instant motion to strike seeking an order striking portions of the complaint. 

 

Plaintiffs have not opposed he demurrer or motion to strike.  Rather, on 6/28/24, Plaintiffs filed a Request for Dismissal of the entire complaint with prejudice as to Defendant State Board of Forestry and Fire Protection which was entered that same day and on 7/17/24, Plaintiffs filed another Request for Dismissal of the complaint without prejudice as to Defendants California Department of Corrections and Rehabilitation and Department of Forestry and Fire Protection which was entered that same day.

 

Based on the above-mentioned dismissals, the demurrer and motion to strike are moot.