Judge: Teresa A. Beaudet, Case: 22STCV11937, Date: 2023-01-18 Tentative Ruling
Case Number: 22STCV11937 Hearing Date: January 18, 2023 Dept: 50
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JAYESH KUMAR,
et al., Plaintiff, vs. THE CITY LOS ANGELES,
et al., Defendants. |
Case No.: |
22STCV11937
[r/w 22STCV19257] |
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Hearing Date: |
January 18, 2023 |
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Hearing
Time: 8:30 a.m. [TENTATIVE]
ORDER RE: DEFENDANT CITY
OF LOS ANGELES’ DEMURRER TO PLAINTIFFS HALLER, LLC AND SHAUN TAN’S COMPLAINT |
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On April 7, 2022, Plaintiff
Jayesh Kumar (“Kumar”) filed the instant action against a number
of defendants, including the City of Los Angeles (the “City”).
On September 26, 2022, Department 1 of
this Court issued a minute order providing, inter alia, “[o]n September 15, 2022, Judge
Barbara Meiers issued an order relating cases 22STCV19257 and 22STCV11937. On
September 21, 2022, Judge Meiers issued an order accepting Peremptory Challenge
filed in cases 22STCV19257 by Plaintiffs and transferring all related cases to
Department 1 for review and reassignment. This Court hereby determines these
cases shall remain related and reassigned to Judge Beaudet in Department 50 at
Stanley Mosk Courthouse for all purposes.”
On June 13, 2022, Haller, LLC and Shaun Tan (jointly, “Plaintiffs”)
filed an action against the City and a number of other defendants in Case No.
22STCV19257, Haller, LLC, et al. v. The City of Los Angeles, et al. (the
“Haller Action”). The Complaint in the Haller Action alleges causes of
action for (1) inverse condemnation, (2) nuisance, (3) dangerous condition of
public property, (4) trespass, and (5) negligence.
On October 14, 2022, the City filed
an amended notice of demurrer and demurrer in the instant action (Case No. 22STCV11937),
which indicates that the City “demurs to the Complaint bearing Los Angeles Superior Court case
number 22STCV19257…filed by Plaintiffs HALLER, LLC and SHAUN TAN…”
(Amended Notice of Demurrer at p. 2:6-7.) The City demurs to each of the causes
of action of the Complaint in the Haller Action. No opposition to the demurrer
was filed.
As an initial matter, the Court
notes that the City has not cited to any legal authority demonstrating that the
City may file a demurrer to the Complaint in the Haller Action in the
instant action. The City solely notes that “[o]n September 15, 2022, the Court
found case number 22STCV11937 (Kumar v. The City of Los Angeles, et al.) and
case number 22STCV119257 [sic] (Haller, et al. v. The City of Los Angeles, et al.)
related within the meaning of California Rule of Court, Rule 3.300(a) with
22STCV11937 designated as the lead case.” (Demurrer at p. 2, fn. 1.)
In the Haller Action,
Department 12 issued a September
15, 2022 minute order providing, inter alia, “[t]he Court finds that the
following cases, 22STCV11937 and 22STCV19257, are related within the meaning of
California Rules of Court, rule 3.300(a). 22STCV11937 is the lead case. For
good cause shown, said cases are assigned to Judge Barbara A. Meiers in Department
12 at Stanley Mosk Courthouse for all purposes. All hearings in cases other
than the lead case are placed off calendar. This order is made without
prejudice to the parties making a motion to consolidate in the newly assigned
department. The moving party is ordered to serve notice of this order
(including hearings vacated, if necessary) by mail forthwith on all interested
parties within ten (10) days of the receipt of this minute order.” As set forth
above, the instant action and the Haller Action were reassigned to
Department 50.
However, the City has not filed a motion to consolidate the instant
action and the Haller Action. In addition, California Rules of Court,
Rule 3.300 does not contain any provisions indicating that the City may file a
demurrer as to the Complaint in the Haller Action in the instant action.
Based on the foregoing, the City’s demurrer to the Complaint in the
Haller Action is taken off calendar.
DATED: January 18, 2023 ________________________________
Hon. Teresa A. Beaudet
Judge, Los
Angeles Superior Court