Judge: Theresa M. Traber, Case: 22STCV30241, Date: 2024-05-31 Tentative Ruling

Case Number: 22STCV30241    Hearing Date: May 31, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     May 31, 2024             TRIAL DATE: NOT SET

CASE:                         Adam Mezquita, et al. v. City of Los Angeles

CASE NO.:                 22STCV30241           

MOTION TO DISMSIS

MOVING PARTY:               Defendant City of Los Angeles

RESPONDING PARTY(S): No response on eCourt as of 9/13/23

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for employment discrimination and negligence that was filed on September 15, 2022. Plaintiff, by and through unnamed successors in interest, alleges that Defendant allowed Los Angeles Police Department officer Adam Mezquita to be exposed to various carcinogens, resulting in his sudden death from leukemia in September 2019.

Defendant the City of Los Angeles moves to dismiss the action following Plaintiff’s failure to amend the Complaint.

TENTATIVE RULING:

Defendant the City of Los Angeles moves to dismiss the action following Plaintiff’s failure to amend the Complaint.

Code of Civil Procedure section 581(f) provides that the Court “may dismiss the complaint as to that defendant when . . . (2) [e]xcept where section 597 [concerning pleas in abatement] applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.” (Code Civ. Proc. § 581(f).)

On September 18, 2023, the Court sustained Defendant’s demurrer to the Complaint on all causes of action and granted leave to amend within 30 days after the date of that hearing. (September 18, 2023 Minute Order.) The Court sustained Defendant’s demurrer on the basis that Plaintiff did not allege exhaustion of administrative remedies and brought a common law tort claim against an entity with governmental immunity, not on the basis of any plea in abatement. (Id.) To date, no amended Complaint has been filed. Defendant is therefore entitled to an order dismissing the action.

Accordingly, Defendant’s Motion to Dismiss is GRANTED.

Dismissal is entered with prejudice this date.

Moving party to give notice.

IT IS SO ORDERED.

Dated:  May 31, 2024                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.