Judge: Michelle C. Kim, Case: 21STCV42622, Date: 2024-02-13 Tentative Ruling

Case Number: 21STCV42622    Hearing Date: February 13, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

RUTH ZAPETA VARGAS, 

Plaintiff(s), 

vs. 

 

ROBERT YOUNG, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV42622 

 

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION FOR SUMMARY ADJUDICATION 

 

Dept. 31 

1:30 p.m.  

February 13, 2024 

 

Plaintiff Ruth Zapeta Vargas (“Plaintiff”) filed her Second Amended Complaint (SAC) against defendant Robert Young and Barbara Young (Doe 1) (“Barbara”) (collectively, “Defendants”) for damages arising from a dog bite. The complaint alleges Plaintiff was delivering a package to Defendants’ residence when she was bitten by a dog owned by Defendants. The SAC sets forth three causes of action for (1) strict liability based on Civil Code Section 3342, (2) negligence, and (3) intentional infliction of emotional distress (IIED).  

 

Defendants now move for summary adjudication against the third cause of action for IIED and prayer for punitive damages. Plaintiff, in opposition, raises the issue that Defendants never filed an Answer to Plaintiff’s SAC after having filed a demurrer. Defendants do not address this contention on reply. 

 

The Court has reviewed its docket, and there was no Answer ever filed by Defendants in this action. The Court is unable to consider the merits of the motion for summary adjudication unless this defect is cured. (CCP § 431.20.) 

 

The Court therefore continues the hearing from February 13, 2024, to _____________ at 1:30 p.m. in Department 31 of the Spring Street Courthouse for the purposes of allowing Defendants to file a responsive pleading. No further briefing will be allowed. 

 

Defendants are ordered to file their Answer to the SAC within twenty (20) days. 

 

Moving party is 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 9th day of February 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court