Judge: Robert P. Dahlquist, Case: 37-2022-00032621-CU-DF-NC, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - October 12, 2023

10/13/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Defamation Motion Hearing (Civil) 37-2022-00032621-CU-DF-NC WELTON VS WENDY'S [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Judgment on the Pleadings, 08/01/2023

Defendant Wendy's Restaurant's motion for judgment on the pleadings as to the first cause of action (ROA # 44) is granted.

Plaintiff's complaint asserts causes of action for false report to Sheriff, defamation and intentional infliction of emotional distress. ROA # 1.

Defendant moves for judgment on the pleadings as to the first cause of action for 'false report to sheriff.' The court is unaware of any statutory or case authority recognizing a private right of action for making a false report to law enforcement. In addition, the court believes that the reporting of an alleged crime to law enforcement is a privileged activity that is not actionable.

Therefore, the motion for judgment on the pleadings as to the first cause of action is granted.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, October 13, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of October 13, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3002511