Judge: Michelle C. Kim, Case: 23STCV18846, Date: 2024-04-12 Tentative Ruling

Case Number: 23STCV18846    Hearing Date: April 12, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

KAYDEN VINOVICH, by and through his guardian ad litem, NICHOLAS VINOVICH, 

Plaintiff(s),  

vs. 

 

THIRTY-FIRST DISTRICT PTSA-CREATIVE KIDS, ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 23STCV18846 

 

[TENTATIVE] ORDER CONTINUING DEMURRER 

 

Dept. 31 

1:30 p.m.  

April 12, 2024 

 

Plaintiff Kayden Vinovich, by and through his guardian ad litem, Nicholas Vinovich (“Plaintiff”) filed this action against defendants Thirty – First District PTSA – Creative Kids (“Creative Kids”) and Los Angeles Unified School District (“LAUSD”) for damages arising from a fall on playground equipment. Plaintiff sets forth two causes of action for (1) Negligent Supervision of Students (Gov. Code §§ 815.2 and 820) against LAUSD and (2) gross negligence against Creative Kids.  

 

LAUSD now demurs to Plaintiff’s first cause of action, setting the hearing for April 12, 2024. Additionally, LAUSD filed a motion to strike portions of Plaintiff’s complaint, setting the hearing for April 24, 2024. Because the two motions are brought by the same defendant and relate to the same issue regarding the complaint, the Court finds it in the interests of judicial economy to hear LAUSD’s demurrer together with its motion to strike.   

 

Accordingly, the Hearing on Demurrer - with Motion to Strike is continued from April 12, 2024 to April 24, 2024 at 1:30 p.m. in Department 31 of the Spring Street Courthouse. 

 

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 11th day of April 2024 

 

  

 

 

Hon. Michelle Kim 

Judge of the Superior Court