Judge: Theresa M. Traber, Case: 23STCV08525, Date: 2023-11-08 Tentative Ruling

Case Number: 23STCV08525    Hearing Date: November 8, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 8, 2023                 TRIAL DATE: NOT SET

CASE:                         Kyung Yoon Pak v. Ock J. Kim, et al.

CASE NO.:                 23STCV08524           

DEMURRER TO COMPLAINT AND MOTION TO STRIKE (x2)

MOVING PARTY:               (1) Defendant Ock J. Kim; (2) Defendant Sunhee Yi.

RESPONDING PARTY(S): (1)(2) Plaintiff Kyung Yoon Pak

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a habitability action filed on April 18, 2023. Plaintiff alleges that Defendants refused to repair persistent defects at the property in which Plaintiff was a tenant, including termite infestations and plumbing issues.

Defendants demur to the Complaint and move to strike portions of the Complaint.

TENTATIVE RULING:

Defendants demur to the Complaint and move to strike portions of the Complaint.

            Defendants’ moving papers describe a purported request for judicial notice as to a deed of trust regarding the subject property. Although Plaintiff has filed an objection to that request, it appears that the original request for judicial notice was never filed with the Court. As this document forms the basis for the bulk of Defendants’ arguments on this motion, the Court will exercise its discretionary authority to continue the hearing on this matter to permit Defendants to file a copy of the request with the Court.

Accordingly, Defendants’ Demurrers to the Complaint and Motions to Strike portions of the Complaint are CONTINUED to Thursday, November 30, 2023 at 9:00 AM.

Defendants are directed to file a copy of their request for judicial notice with the Court within 10 days of this order with a proof of service demonstrating that the request was served on Plaintiff.

The Case Management Conference is also continued to November 30, 2023 at 9:00 AM.

Moving Parties to give notice.

IT IS SO ORDERED.

Dated: November 8, 2023                               ___________________________________

                                                                                    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.