Judge: Robert B. Broadbelt, Case: 24STCV32778, Date: 2025-06-04 Tentative Ruling
Case Number: 24STCV32778 Hearing Date: June 4, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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June
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[tentative]
Order RE: order to show cause re why the court on its
own motion should not grant a motion for judgment on the pleadings |
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Order to Show Cause re Why the Court on its Own Motion Should Not Grant
a Motion for Judgment on the Pleadings as to Plaintiff’s Complaint (filed
12/12/24) Because the Complaint Does Not State Facts Sufficient to Constitute a
Cause of Action Against Defendant
Plaintiff Laura Duffy (“Plaintiff”) filed the Complaint in this action
against defendant Roman Catholic Church Inc., c/o Cathedral of Our Lady of the
Angels (“Defendant”) on December 12, 2024.
The Complaint alleges one cause of action for breach of contract. (Compl., p. PLD-C-001, ¶ 8.)
On April 21, 2025, the court set for hearing the pending Order to Show
Cause re why the court on its own motion should not grant a motion for judgment
on the pleadings as to Plaintiff’s Complaint (filed 12/12/24) because the
Complaint does not state facts sufficient to constitute a cause of action. (April 21, 2025 Minute Order, p. 1.) The court further ordered that any response
to the Order to Show Cause shall be filed and served no later than 9 court days
before the hearing. (Ibid.) The clerk mailed a copy of the court’s April
21, 2025 minute order to Plaintiff on April 21, 2025. (Apr. 21, 2025 Cert. of Mailing, p. 1.) Plaintiff did not file a response to the
court’s Order to Show Cause.
The court finds that the Complaint does not state facts sufficient to
constitute a cause of action for breach of contract against Defendant since
Plaintiff has not alleged facts to establish the elements of (1) the existence
of a contract between Plaintiff and Defendant, including the term(s) that
Defendant is alleged to have breached, (2) Defendant’s breach of the parties’
contract, (3) Plaintiff’s performance or excuse for nonperformance, and (4)
damages. (Code Civ. Proc., § 438, subd.
(c)(3)(B)(ii); Miles v. Deutsche Bank National Trust Co. (2015) 236
Cal.App.4th 394, 402 [elements of cause of action for breach of contract].) 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 their burden to show what allegations they 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 Laura Duffy on
December 12, 2024 in this action.
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:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court