Judge: Thomas D. Long, Case: 22STCV03858, Date: 2023-02-28 Tentative Ruling

Case Number: 22STCV03858    Hearing Date: February 28, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 28, 2022, Plaintiff Jimmy Hillman filed this action against Defendants Trevor Candler, Fabio Guerra, and Lorena Guerra.  On March 14, 2022, Plaintiff filed a first amended complaint (“FAC”).

On May 13, 2022, the Court sustained Trevor Candler’s demurrer to the FAC without leave to amend.

On September 16, 2022, Fabio Guerra and Lorena Guerra filed an answer, and on November 29, 2022, they filed a motion for judgment on the pleadings.  Plaintiff did not file an opposition.

The request for judicial notice is denied as irrelevant.

A motion for judgment on the pleadings is the functional equivalent to a general demurrer.  (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.)  Like demurrers, motions for judgment on the pleadings challenge the legal sufficiency of the allegations, not their veracity.  (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.)  The Court “must accept as true all material facts properly pleaded, but does not consider conclusions of law or fact, opinions, speculation, or allegations contrary to law or facts that are judicially noticed.”  (Stevenson Real Estate Services, Inc. v. CB Richard Ellis Real Estate Services, Inc. (2006) 138 Cal.App.4th 1215, 1219-1220.)

The FAC uses a Judicial Council form for an action based on personal injury, property damage, or wrongful death, specifying “Fraud” in the caption.  “The Judicial Council pleading forms have simplified the art of pleading, and have made the task of drafting much easier.  Nevertheless, in some cases more is required than merely placing an ‘X’ in a box.  [Citation.]  ‘Adoption of Official Forms for the most common civil actions has not changed the statutory requirement that the complaint contain “facts constituting the cause of action.”’  [Citation.]  Thus, in order to be demurrer-proof, a form ‘complaint must contain whatever ultimate facts are essential to state a cause of action under existing statutes or case law.’  [Citation.]”  (People ex rel. Dept. of Transportation v. Superior Court (1992) 5 Cal.App.4th 1480, 1484 (Dept. of Transportation).)

Item 10 on page 3 of the form complaint states, “The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached).”  Plaintiff checked the box for “General Negligence,” but no additional pages are attached.  Plaintiff also indicated that he had suffered general damage in the amount of $2.5 million.  The FAC contains no facts constituting any causes of action.  (See Code Civ. Proc., § 425.10, subd. (a)(1); see also Dept. of Transportation, supra, 5 Cal.App.4th at p. 1484 [ultimate facts are still required when using a Judicial Council form complaint].)

The motion for judgment on the pleadings is GRANTED.  Because Plaintiff did not file an opposition, he has not shown how he can amend the complaint to fix the deficiencies.  Accordingly, no leave to amend is granted.

The Court orders that judgment be entered in favor of Defendants Fabio Guerra and Lorena Guerra and against Plaintiff Jimmy Hillman.  Plaintiff shall take nothing from Defendants Fabio Guerra and Lorena Guerra in this action.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 28th day of February 2023