Judge: William A. Crowfoot, Case: 22STCV17802, Date: 2022-12-13 Tentative Ruling

Case Number: 22STCV17802    Hearing Date: December 13, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARIA MARGARITA CARRANZA,

                   Plaintiff(s),

          vs.

 

EL SUPER, et al.,

 

                   Defendant(s).

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      CASE NO.: 22STCV17802

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR JUDGMENT ON THE PEADINGS

 

Dept. 27

1:30 p.m.

December 13, 2022

 

On June 1, 2022, plaintiff Maria Margarita Carranaza (“Plaintiff”), in pro per, filed this action against defendants Chedraui USA, Inc. dba El Super (erroneously sued as “El Super”) and Gallagher Bassett Services, Inc. (erroneously sued as Gallagher Bassetts, Svcs, Inc. D1-10) (collectively, “Defendants”).  Plaintiff asserts causes of action for negligence and premises liability and alleges that on June 15, 2020, her foot became caught on a broken bar or pipe under a refrigerator in the meat department of a grocery store.

On November 10, 2022, Plaintiff filed this document entitled “Motion for Judgment on the Pleadings.”  Through this motion, Plaintiff requests that the Court grant her $250,000 in damages for pain and suffering in addition to any other damages the Court deems justified.  (Motion, 2:18-21.) 

Plaintiff’s motion is procedurally and substantively improper.  First, there is no proof of service showing that this motion was served on Defendant.  Under Code of Civil Procedure section 1005(b), all moving and supporting papers shall be served and filed at least 16 court days before the hearing.  (Code Civ. Proc., § 1005, subd. (b).)  Defense counsel also states that Defendants are only aware of this motion because they reviewed the Court docket.  (Do Decl., ¶ 6.) 

Second, a motion for judgment on the pleadings may only be filed by a plaintiff on the grounds that the “answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438, subd. (c)(1)(A).)  The Court may only grant a motion for judgment on the pleadings on the grounds that “[t]he complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.”  (Id., subd. (c)(3)(A).)  Here, Defendants have not filed an answer.  Instead, there is a demurrer pending and scheduled to be heard on December 22, 2022.  Therefore, a motion for judgment on the pleadings cannot be granted.

Last, Plaintiff’s request for an order granting damages is not legally or factually supported.  Plaintiff’s papers are largely unintelligible and the Court is unaware of any mechanism or procedure by which it may simply grant damages. 

Accordingly, Plaintiff’s motion is DENIED.

 

 

Moving party 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.