Judge: Stephen P. Pfahler, Case: 22STCV02526, Date: 2022-10-11 Tentative Ruling

Case Number: 22STCV02526    Hearing Date: October 11, 2022    Dept: F49

Dept. F-49

Date: 10-7-22

Case #21STCV36657 (lead case related to 22STCV07738 and 22STCV02526)[1]

Trial Date: Not Set

DEMURRER

MOVING PARTY: Defendant County of Los Angeles

RESPONDING PARTY: Plaintiffs, Heidi Carlon, et al.

RELIEF REQUESTED

Demurrer to the First Amended Complaint

SUMMARY OF ACTION

On June 1, 2021, Jonathan Patrick Tatone shot and killed Tory Carlon, then committed suicide, while the two were on the premises of Los Angeles County Fire Department Station 81 in Agua Dulce.

On November 16, 2020, Larry and Bonnie Carlon Carlon filed their complaint for Assault and Battery, Negligence, and Wrongful Death. On April 21, 2022, Estate of Jonathan Tatone, et al. filed a cross-complaint for Wrongful Death, Negligence, Indemnity, Contribution, and Declaratory Relief against County of Los Angeles.

On June 17, 2022, the court found 22STCV07738 and 22STCV02526 related. On June 23, 2022, Department 29 transferred the action to Department F49.

On July 15, 2022, Plaintiffs Larry and Bonnie Carlon filed their first amended complaint for Negligence, Wrongful Death, and Violation of the Bane Civil Rights Act.[2]

RULING: Off-Calendar/Moot

On September 29, 2022, the parties stipulated to the filing of the second amended complaint no later than October 7, 2022. The demurrer to the first amended complaint is therefore off-calendar.

Los Angeles County to provide notice to all parties.