Judge Michael E. Whitaker, Case 19STCV29315 2023-03-14 Tentative Ruling

Judge: Michael E. Whitaker, Case: 19STCV29315, Date: 2023-03-14 Tentative Ruling

PLEASE NOTE: Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached. If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit. The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court. If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged). Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court.

Plaintiffs Kenneth Simons and Karen Simons sued Defendants Andrew Vasquez, Harvest King Trading USA, and Del Rey Meat and Seafood Inc., based on a motor vehicle collision. Defendant Harvest King Trading USA, Ltd (Harvest) demurs to the Cross-Complaint of Del Rey Meat and Seafood, Inc (Del Rey). Del Rey opposes the demurrer.

Preliminarily, the Court finds Harvest’s demurrer to be premature. Under Code of Civil Procedure, section 430.40, subdivision (a), “[a] person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.” Here, Del Rey has not yet filed a cross-complaint with the Court. In fact, Del Rey’s Motion for Leave to File a Cross-Complaint is not set for hearing until June 16, 2023. Accordingly, the Court overrules Harvest’s demurrer as not justiciable. [1]

Harvest shall provide notice of the Court’s ruling and file a proof of service of such.

[1] “The concept of justiciability involves the intertwined criteria of ripeness and standing. Standing derives from the principle that every action must be prosecuted in the name of the real party in interest. A party lacks standing if it does not have an actual and substantial interest in, or would not be benefited or harmed by, the ultimate outcome of an action. Standing is a function not just of a party's stake in a case, but the degree of vigor or intensity with which the presents its arguments. Ripeness refers to the requirements of a current controversy. According to the Supreme Court, an action not founded upon an actual controversy between the parties to it, and brought for the purpose of securing a determination of a point of law will not be entertained. A controversy becomes ripe once it reaches, but has not passed, the point that the facts have sufficiently congealed to permit an intelligent and useful decision to be made.” (City of Santa Monica v. Stewart (2005) 126 Cal.App.4th 43, 59 [cleaned up].)

DEPARTMENT	32
HEARING DATE	March 14, 2023
CASE NUMBER	19STCV29315
MOTIONS	Demurrer to Cross-Complaint
MOVING PARTY	Cross-Defendant Harvest King Trading USA, Ltd
OPPOSING PARTY	Cross-Complainant Del Rey Meat and Seafood, Inc.