Judge: William A. Crowfoot, Case: 23AHCV02969, Date: 2024-09-18 Tentative Ruling

Case Number: 23AHCV02969    Hearing Date: September 18, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

YIHSUAN WU,

                    Plaintiff(s),

          vs.

 

ZHUMING ZHANG,

 

                    Defendant(s).

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     CASE NO.:  23AHCV02969

 

[TENTATIVE] ORDER RE: DEFENDANT ZHUMING ZHANG’S MOTION FOR JUDGMENT ON THE PLEADINGS

 

Dept. 3

8:30 a.m.

September 18, 2024

 

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I.            INTRODUCTION

On December 22, 2023, plaintiff Yihsuan Wu (“Plaintiff”) filed this action against defendant Zhuming Zhang (“Defendant”). Defendant filed an answer on May 13, 2024, and subsequently filed a motion for judgment on the pleadings on August 7, 2024.

Plaintiff attempted to file an amended complaint on August 15, 2024, which was rejected because she did not obtain leave of court. Plaintiff did not oppose Defendant’s motion for judgment on the pleadings.

II.          LEGAL STANDARD

A defendant may move for judgment on the pleadings on the grounds that the complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii).) The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 438, subd. (d).)

III.        DISCUSSION

Form complaints must contain material facts essential to state a cause of action and include the mandatory attachments. (See People ex rel. Dept. of Transp. v. Superior Court (1992) 5 Cal.App.4th 1480, 1484.)

Plaintiff’s form complaint fails to state a cause of action because the necessary attachment for the purported cause of action, intentional tort, is not included and Plaintiff otherwise pleads no facts in support of her complaint. Accordingly, Defendant’s motion for judgment on the pleadings is GRANTED with 30 days leave to amend.

IV.        CONCLUSION

Defendant’s motion for judgment on the pleadings is GRANTED with 30 days leave to amend.

 

Dated this 18th day of September, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.