Judge: Michelle C. Kim, Case: 20STCV05357, Date: 2023-05-10 Tentative Ruling

Case Number: 20STCV05357    Hearing Date: May 10, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 10, 2020, Plaintiffs Samer Saba and Samira Alarbaji filed this action against Ricardo Antonio Cantu and Classic Floor Care, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident.  On June 17, 2022, a First Amended Complaint (“FAC”) was filed naming the Plaintiffs as Samer Saba (“Saba”) and Estate of Samira Alarbaji, Deceased (the “Estate”) (collectively, “Plaintiffs”).  The FAC alleged that that the injuries suffered from the accident ultimately led to her death.  The FAC alleges causes of action for motor vehicle and general negligence by Plaintiffs against Defendants.  The FAC further states that Saba seeks general damages relating to the death of Decedent Samira Alarbaji (“Decedent”). 

            On March 2, 2023, Defendants filed the instant motion for judgment on the pleadings arguing that the FAC fails to state a claim for wrongful death and general damages.  Further, Defendants contend that to the extent the FAC entails a survival action, it is deficient because Saba has not filed the required declaration for stating a survivor claim pursuant to CCP § 377.32.  Any opposition to the motion was due on or before April 26, 2023.  As of May 3, 2023, no opposition has been filed. 

            However, on April 10, 2023, Saba filed a declaration as Successor In Interest to Decedent Samira Alarbaji Pursuant to CCP § 377.32.  Moreover, on May 1, 2023, Plaintiffs filed a Request for Dismissal dismissing the claim for wrongful death and general damages with prejudice. 

            Therefore, Defendants’ motion seeking judgment on the pleadings as to the general damages requested for the wrongful death claim is moot.           

Defendants are ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 10^th day of May 2023