Judge: Robert B. Broadbelt, Case: 24STCV25406, Date: 2025-05-12 Tentative Ruling

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Case Number: 24STCV25406    Hearing Date: May 12, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

Order to Show Cause re Why the Court Should Not Grant a Motion for Judgment on the Pleadings on Its Own Motion Because the Complaint Does Not State Facts Sufficient to Constitute a Cause of Action

            Plaintiff Shaunta Rowles (“Plaintiff”) filed this action on October 1, 2024, against defendant States Board, OR Courts (“Defendant”).[1]

            On April 15, 2025, the court issued a minute order that, inter alia, set for hearing the pending Order to Show Cause re why the court should not grant a motion for judgment on the pleadings on its own motion because the Complaint does not state facts sufficient to constitute a cause of action.  (April 15, 2025 Minute Order, p. 1.)  The court also ordered that any response to that Order to Show Cause shall be filed no later than 9 court days before the hearing.  (Ibid.)  The clerk mailed a copy of the April 15, 2025 minute order to Plaintiff on April 15, 2025.  (April 15, 2025 Cert. of Mailing, p. 1.)  Plaintiff did not file a response to the Order to Show Cause.

            The court, upon review of the Complaint filed by Plaintiff on October 1, 2024, finds that the Complaint does not state facts sufficient to constitute a cause of action against Defendant.  (Code Civ. Proc., § 438, subd. (b)(2), (c)(3)(B)(ii).)  The court therefore grants its own motion for judgment on the pleadings on Plaintiff’s Complaint.  The court does not grant Plaintiff leave to amend because Plaintiff did not file a response to the Order to Show Cause and therefore has not met her burden to show what allegations she could add to render the Complaint against Defendant sufficient.  (Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290 [the burden is on the plaintiff to articulate how it can amend the pleading to render it sufficient].)

ORDER

            The court grants its own motion for judgment on the pleadings on the Complaint filed by plaintiff Shaunta Rowles in this action on October 1, 2024, without leave to amend.

            The court orders that this action is dismissed.  (Code Civ. Proc., § 581, subd. (m).)

            The court directs the clerk to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 12, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court