Judge: Thomas D. Long, Case: 24STCV20362, Date: 2025-06-05 Tentative Ruling

Case Number: 24STCV20362    Hearing Date: June 5, 2025    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

FIN WHALE TRANSPORTATION, INC.,

                        Plaintiff,

            vs.

 

WHITE ARROW, INC.,

 

                        Defendant.

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      CASE NO.: 24STCV20362

 

[TENTATIVE] ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS

 

Dept. 48

8:30 a.m.

June 5, 2025

 

On August 12, 2024, Plaintiff Fin Whale Transportation Inc. filed this action against Defendant White Arrow Inc.  On September 30, 2024, Defendant filed an answer.

On May 13, 2025, Defendant filed a motion for judgment on the pleadings.

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.)

Defendant argues that the causes of action are all preempted by the Carmack Amendment (49 U.S.C. § 14706).

Plaintiff’s opposition agrees: “Defendant appears to be correct on all issues other than the request to grant judgment on the first cause of action without leave to amend.”  Plaintiff provides a copy of a proposed first amended complaint.

Accordingly, the motion for judgment on the pleadings is GRANTED with 14 days’ leave to amend all causes of 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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 5th day of June 2025

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court

 

 




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