Judge: William A. Crowfoot, Case: 21STCV15658, Date: 2022-10-28 Tentative Ruling

Case Number: 21STCV15658    Hearing Date: October 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JUAN CARDENAS,

                   Plaintiff(s),

          vs.

 

CITY OF LOS ANGELES, et al.,

 

                   Defendant(s),

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      CASE NO.: 21STCV15658

 

[TENTATIVE] ORDER RE: DEFENDANTS KABADAYAN TRUST DATED DECEMBER 14, 2006 AND JOSEPH KABADAYAN’S DEMURRER TO PLAINTIFF’S COMPLAINT

 

Dept. 27

1:30 p.m.

October 28, 2022

 

          On April 26, 2021, plaintiff Juan Cardenas (“Plaintiff’) filed this action against the City of Los Angeles alleging a dangerous condition that caused him to fall on or around May 28, 2020.  On March 31, 2022, Plaintiff added Joseph Kabadayan as Doe 1, Joseph Kabadayan Trust as Doe 2, and Yun Hyo Song as Doe 3. 

          On September 16, 2022, Joseph Kabadayan and Kabadayn Trust Dated December 14, 2006 (erroneously sued as Joseph Kabadayn Trust) (“Moving Defendants”) filed this demurrer arguing that neither of them owns the property or the bakery that is located on the property. 

          On December 17, 2022, Plaintiff filed a non-opposition “response” in which he: (1) requests leave to name Kermanig, LLC as a defendant and (2) agrees to dismiss Moving Defendants from this action without prejudice. 

          No reply brief from Moving Defendants is on file. 

          In light of Plaintiff’s non-opposition and the lack of a reply brief from Moving Defendants, Moving Defendants’ demurrer is SUSTAINED.  Moving Defendants are hereby dismissed from the action without prejudice. 

The Court declines to rule on Plaintiff’s request to amend the complaint to add Kermanig, LLC at this time.  Plaintiff must make this substitution in a separate filing.    

 

 

Moving parties to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.