Judge: Robert B. Broadbelt, Case: 19STCV42155, Date: 2023-11-09 Tentative Ruling

Case Number: 19STCV42155    Hearing Date: November 9, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant and cross-defendant Canon Business Properties, Inc.           

RESPONDING PARTY:       Defendant and cross-complainant Karlen Galstyan

Motion for Judgment on the Pleadings

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Defendant and cross-defendant Canon Business Properties, Inc. (“Canon”) moves the court for an order granting its motion for judgment on the pleadings as to the fourth cause of action for identity theft alleged in the Cross-Complaint filed by defendant and cross-complainant Karlen Galstyan (“Galstyan”) on June 5, 2020.

The court denies Canon’s motion for judgment on the pleadings as to Galstyan’s fourth cause of action for identity theft.  (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii).)

The court finds that Galstyan has alleged facts sufficient to state a cause of action under the identity theft statute for actual damages and attorney’s fees by providing written notice to the claimants that Galstyan was a victim of identity theft by alleging that fact “within [his] cross-complaint pursuant to” Civil Code section 1798.92 et seq.  (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Galstyan Cross-Compl., ¶¶ 21-22; Civ. Code, § 1798.93, subd. (c)(5).) 

In addition, Galstyan has alleged facts sufficient to state a cause of action under the identity theft statute for other relief provided thereby by alleging that “he is entitled to judgment for a declaration that he is not obligated to Plaintiffs, Cross-Defendants or anyone else regarding the incidents, events, happenings, losses, harm, injuries and damages alleged in Plaintiffs’ Complaint or any Cross-Defendants’ Cross-Complaints[,]” and has requested “a dismissal of any cause of action brought by any party against” Galstyan.  (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Galstyan Cross-Compl., ¶ 24; Civ. Code, § 1798.93, subds. (c)(1), (c)(4).)  

ORDER

            The court denies defendant and cross-defendant Canon Business Properties, Inc.’s motion for judgment on the pleadings.

The court orders defendant and cross-complainant Karlen Galstyan to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 9, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court