Judge: Serena R. Murillo, Case: 19STCV07180, Date: 2023-04-10 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 

IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 

ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.



Case Number: 19STCV07180    Hearing Date: April 10, 2023    Dept: 29

TENTATIVE

Defendant Uber Technologies’ Motion for Judgment on the Pleadings as to Plaintiff Edward Hurtado’s Complaint is GRANTED with 30 days leave to amend.

 

Request for Judicial Notice

Defendant seeks judicial notice of the following items: (1) Plaintiff’s Complaint; (2) Defendant’s Request for Admissions; and (3) The Court order granting Defendant’s Motion to Deem Requests for Admission Admitted and establishing that all matters specified in Defendant’s Request for Admissions, Set One, are deemed admitted and true by Plaintiff.

A court may take judicial notice of the “[r]ecords of (1) any court of this state ....” (Evid. Code, § 452, subd. (d).) Thus, unquestionably, a “court may judicially notice its own records and proceedings in the same case. [Citations.]” (City etc. of San Francisco v. Carraro (1963) 220 Cal.App.2d 509, 527.) Pursuant to Evidence Code §§ 452(d) and 453, Defendant’s request for judicial notice is GRANTED.

 

Legal Standard 

 

A defendant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant.  (Code Civ. Proc., § 438 subd. (c)(1)(B).)  A non-statutory motion for judgment on the pleadings may be made any time before or during trial.  (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.)  “Such motion may be made on the same ground as those supporting a general demurrer, i.e., that the pleading at issue fails to state facts sufficient to constitute a legally cognizable claim or defense.”  (Ibid.)   

 

“In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.”  (Code Civ. Proc., § 452; see also Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.)  “When a court evaluates a complaint, the plaintiff is entitled to reasonable inferences from the facts pled.”  (Duval v. Board of Tr. (2001) 93 Cal.App.4th 902, 906.)  “In deciding or reviewing a judgment on the pleadings, all properly pleaded material facts are deemed to be true, as well as all facts that may be implied or inferred from those expressly alleged.”  (Fire Ins. Exch. v. Superior Court (2004) 116 Cal.App.4th 446, 452.)  A motion for judgment on the pleadings normally does not lie as to a portion of a cause of action.  (Ibid.)  “In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action.”  (Gami v. Mullikin Medical Ctr. (1993) 18 Cal.App.4th 870, 876.)   

 

Discussion

 

               Meet and Confer 

 

The motion is accompanied by the declaration of Jessica Spinola, which satisfies the meet and confer requirements. (Code Civ. Proc. § 439(a)(2).)  

 

               Merits

 

Defendant argues Plaintiff Hurtado’s complaint for negligence against Defendant fails due to an absence of all of the elements. The elements for negligence are: (1) a legal duty owed to the plaintiff to use due care; (2) breach of duty; (3) causation; and (4) damage to the plaintiff. (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.)  

“[A]dmissions or concessions of matters which cannot be reasonably be controverted are properly considered on a motion for judgment on the pleadings.¿ [citation omitted].”¿ (Evans v. California Trailer Court, Inc. (1994) 28 Cal. App. 4th 540, 549.)¿ The Court has taken judicial notice that on July 15, 2022, this Court Defendant Uber’s motion to deem admitted requests for admission served on Plaintiff Hurtado, and that the truth of the matters in the request for admissions, set one, served on Plaintiff Edward Hurtado were deemed admitted. Pursuant to this Court’s Order, Plaintiff has admitted as true Uber’s Request for Admission Nos. 1 and 13, confirming that Uber was not negligent as alleged in Plaintiff’s Complaint. (Request for Judicial Notice, Exh. B, 10:9-15, 11:26-28.) Plaintiff further admitted as true Uber’s Request for Admission Nos. 2, 3, 6, 7, 8, 9, 10, 11, and 12, confirming that Plaintiff did not suffer any damages, and that any damages alleged were not caused by Uber. (Id., 10:16-18 to 11:21-25.) Finally, Plaintiff admitted as true Uber’s Request for Admission No. 14, confirming that Plaintiff has no evidence to support his contention that Uber owned or operated a vehicle as alleged in Plaintiff’s Complaint, further confirming that Uber owed no duty to Plaintiff such that Plaintiff cannot establish the duty element of a negligence cause of action. (Id., 12:1-3.)

As the appellate court in Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal. App. 3d 604-05 stated, “The court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inconsistent with the allegations of the pleading before the court.”¿ Therefore, absent the filing of a motion to withdraw admissions pursuant to Code of Civil Procedure § 2033.300(a), Plaintiff’s admissions here cannot reasonably be controverted and can therefore be used in evaluating the Motion for Judgment on the Pleadings.¿¿¿¿¿

 

Plaintiff’s admissions negate the elements of the negligence cause of action.¿ If the “proponent of the demurrer has shown that he has conclusively negated a necessary element of plaintiffs’ cause of action, thereby demonstrating that there is no factual basis for relief on any theory reasonably contemplated by the pleadings,” then the demurrer must be sustained.¿ (Sher v. Leiderman (1986) 181 Cal. App. 3d 867, 885-86.)¿ As discussed above, the standard as to a demurrer equally applies to a motion for judgment on the pleadings.¿ 

 

Since it was deemed admitted that Defendant did not act negligently, or cause any injuries to Plaintiff, and that Plaintiff did not suffer injuries, Plaintiff’s Complaint against Defendant for negligence fails to state sufficient facts to constitute a cause of action.  

 

Conclusion

Accordingly, Defendant’s Motion for Judgment on the Pleadings as to Plaintiff Edward Hurtado’s Complaint is GRANTED with 30 days leave to amend.

Moving party is ordered to give notice.