Judge: William A. Crowfoot, Case: 23GDCV02029, Date: 2024-06-05 Tentative Ruling

Case Number: 23GDCV02029    Hearing Date: June 5, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MICHELLE ANGEL AGUILAR, et al.,

                    Plaintiff(s),

          vs.

 

FORD MOTOR COMPANY, et al.,

 

                    Defendant(s).

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      CASE NO.: 23GDCV02029

 

[TENTATIVE] ORDER RE: DEMURRER TO FIRST AMENDED COMPLAINT FILED BY DEFENDANT CERRITOS FORD, INC. dba NORM REEVES FORD SUPERSTORES

 

Dept. 3

8:30 a.m.

June 5, 2024

 

I.      INTRODUCTION

         On September 25, 2023, plaintiffs Michelle Angel Aguilar and Esperanza de la Rosa Vazquez (collectively, “Plaintiffs”) filed this action against defendants Cerritos Ford, Inc. dba Norm Reeves Ford Superstore (“Defendant”) and Ford Motor Company (“Ford”). Plaintiff filed the operative First Amended Complaint (“FAC”) on December 12, 2023.

          On January 16, 2024, Defendant filed this demurrer to Plaintiffs’ fourth cause of action for negligent repair. The demurrer is unopposed.  

II.     LEGAL STANDARDS

A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. [Citation.]” (Mitchell v. California Department of Public Health (2016) 1 Cal.App.5th 1000, 1007; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604 [“the facts alleged in the pleading are deemed to be true, however improbable they may be”].) Allegations are to be liberally construed. (Code Civ. Proc., § 452.) In construing the allegations, the court is to give effect to specific factual allegations that may modify or limit inconsistent general or conclusory allegations. (Financial Corporation of America v. Wilburn (1987) 189 Cal.App.3rd 764, 769.)

III.    DISCUSSION

To state a claim for negligent repair, a plaintiff must allege that the repair facility (1) owed a duty to use ordinary care and skill, (2) breached its duty, (3) caused damage to the plaintiff, and (4) that this caused the plaintiff to sustain damages. (Lytle v. Ford Motor Co. (E.D. Cal. 2018) 2018 WL 4793800, citing Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072.) Here, Plaintiffs fail to identify they suffered any damages from Defendant’s alleged negligent repair because they allege that the repairs were “performed under warranty [sic] issued by [Ford].” (FAC, ¶ 6.) Accordingly, Defendant’s demurrer is SUSTAINED.

IV.    CONCLUSION

Defendant’s demurrer to the Fourth Cause of Action is SUSTAINED. Because Plaintiffs did not oppose the demurrer or argue how amendment is possible, the demurrer is sustained without leave to amend.

 

Moving party to give notice.

 

 

Dated this 5th day of June 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.