This case was last updated from Los Angeles County Superior Courts on 03/06/2020 at 15:49:40 (UTC).

CASSANDRA RODNEY VS CARLOS RICKETTS, ET AL.

Case Summary

On 07/16/2019 CASSANDRA RODNEY filed a Personal Injury - Motor Vehicle lawsuit against CARLOS RICKETTS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6555

  • Filing Date:

    07/16/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

RODNEY CASSANDRA

Defendants

RICKETTS CARLOS

VERNON PHYLLIS

RICKETTS CARLOS SR.

Attorney/Law Firm Details

Defendant Attorney

WALSH DANIEL C.

 

Court Documents

Request for Dismissal - Request for Dismissal

2/28/2020: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

1/8/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

1/9/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

12/9/2019: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

11/12/2019: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Proof of Personal Service - Proof of Personal Service

10/25/2019: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

10/7/2019: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Complaint - (Amended)

7/16/2019: Complaint - (Amended)

Proof of Service by Mail - Proof of Service by Mail

9/30/2019: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

9/4/2019: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Proof of Personal Service - Proof of Personal Service

9/4/2019: Proof of Personal Service - Proof of Personal Service

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

8/2/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Civil Case Cover Sheet - Civil Case Cover Sheet

7/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/16/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

7/16/2019: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

7/16/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 03/04/2020
  • DocketNon-Jury Trial scheduled for 01/12/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/04/2020

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  • 03/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/19/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/04/2020

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  • 02/28/2020
  • DocketOn the Amended Complaint (1st) filed by Cassandra Rodney on 09/30/2019, entered Request for Dismissal with prejudice filed by Cassandra Rodney as to the entire action

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  • 02/28/2020
  • DocketRequest for Dismissal; Filed by: Cassandra Rodney (Plaintiff); As to: Carlos Ricketts, Sr. (Defendant); Phyllis Vernon (Defendant)

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  • 02/18/2020
  • DocketMemorandum of Costs (Summary); Filed by: Carlos Ricketts, Sr. (Defendant); Phyllis Vernon (Defendant); As to: Cassandra Rodney (Plaintiff); Total Costs: 439.68

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  • 01/09/2020
  • DocketNotice of Ruling; Filed by: Carlos Ricketts, Sr. (Defendant); Phyllis Vernon (Defendant)

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  • 01/08/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 01/08/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 01/08/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 01/08/2020; Result Type to Held

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  • 01/06/2020
  • DocketNotice OF NON-OPPOSITION TO DEMURRER; Filed by: Carlos Ricketts, Sr. (Defendant); Phyllis Vernon (Defendant); As to: Cassandra Rodney (Plaintiff)

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  • 12/09/2019
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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22 More Docket Entries
  • 07/16/2019
  • DocketUpdated -- Amended Complaint (1st): Status Date changed from 09/30/2019 to 07/16/2019

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  • 07/16/2019
  • DocketUpdated -- Amended Complaint (1st): Status Date changed from 09/30/2019 to 07/16/2019

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  • 07/16/2019
  • DocketRequest to Waive Court Fees; Filed by: Cassandra Rodney (Plaintiff)

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  • 07/16/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Cassandra Rodney (Plaintiff)

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  • 07/16/2019
  • DocketCivil Case Cover Sheet; Filed by: Cassandra Rodney (Plaintiff)

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  • 07/16/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/16/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/16/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/16/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/16/2019
  • DocketNon-Jury Trial scheduled for 01/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC06555    Hearing Date: January 08, 2020    Dept: 94

Defendants’ Demurrer on the ground that Plaintiff has alleged facts to support a cause of action is SUSTAINED with 20 days’ leave to amend. ANALYSIS:

I. Background

On July 16, 2019, Plaintiff Cassandra Rodney (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Carlos Ricketts (“Ricketts”) and Phyllis Vernon (“Vernon”) (collectively, “Defendants”). 

On August 2, 2019, Defendants filed a Demurrer to Plaintiff’s Complaint. Plaintiff’s Complaint included three sentences, some of which were unintelligible. (Compl., ¶ 11.) On September 4, 2019, the Court sustained Defendants’ Demurrer with 30 days’ leave to amend. (9/4/19 Minute Order.) The Court reasoned that Plaintiff failed to state facts sufficient to constitute a cause of action. (Id.)

On September 30, 2019, Plaintiff filed a First Amended Complaint (“FAC”), stating:

“That on or about May 17, 2018, in the parking lot at 6700 La Tijera Blvd., Los Angeles, California, Defendants Carlos Ricketts, Sr. and DOE 1 through DOE 5, inclusive, and each of them, so negligently entrusted, owned, managed, maintained repaired, and so carelessly and negligently drove and operated their said vehicle so that the same was forced to and did collide with plaintiff’s 2018 Nissan automobile which said plaintiff was operating, thereby causing plaintiff’s injuries and damages as hereinafter alleged.”

(FAC., p. 4.)

On November 12, 2019, Defendants filed a Demurrer to Plaintiff’s First Amended Complaint (the “Demurrer”).

To date, no opposition or reply briefs have been filed.

I. Legal Standard

“The primary function of a pleading is to give the other party notice so that it may prepare its

case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to

affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.)

“A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of

America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint alleges

facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court does not

“read passages from a complaint in isolation; in reviewing a ruling on a demurrer, we read the

complaint ‘as a whole and its parts in their context.’ [Citation.]” (West v. JPMorgan Chase Bank,

N.A. (2013) 214 Cal.App.4th 780, 804.) The Court “assume[s] the truth of the properly pleaded

factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of

which judicial notice has been taken.” (Harris, supra, 56 Cal.4th p. 240.) “The court does not,

however, assume the truth of contentions, deductions or conclusions of law. [Citation.]” (Durell v.

Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.)

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Id.Finally, Code of Civil Procedure section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).)

I. Discussion

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Bavafa Decl., ¶ 5.)

1. Failure to State Sufficient Facts to Constitute a Cause of Action  

In demurring to the FAC, Defendants contend that Plaintiff fails to allege facts to support a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).)

“The elements of a negligence cause of action are the existence of a legal duty of care, breach of that duty, and proximate cause resulting in injury.  [Citation.]”  (McIntyre v. Colonies-Pacific, LLC (2014) 228 Cal.App.4th 664, 671.) 

The Court finds that, as alleged, Plaintiff’s FAC is insufficient to constitute a cause of action for negligence. Specifically, Plaintiff fails to allege that Defendants had a legal duty of care and that Defendants breached that duty. In addition, Plaintiff has failed to allege any wrongdoing by Defendant Vernon. “Fairness dictates that a complaint gives the defendant sufficient notice of the cause of action stated to be able to prepare the case. [Citation.]” (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) Plaintiff’s allegations give Defendants insufficient notice to defend themselves in this action.

2. Uncertainty

Defendants also contend that the allegations in the complaint are fatally uncertain, citing Code of Civil Procedure section 430.10, subdivision (f).

“A party may demur to a complaint or cross-complaint on the ground that it does not state facts sufficient to constitute a cause of action [CCP §¿430.10(e)]. This is known as a “general” demurrer, while all other grounds for demurrer listed under CCP §¿430.10 are referred to as “special” demurrers.” (1 MB Practice Guide: CA Pretrial Civil Procedure, § 11.08.) Special demurrers are not allowed in limited jurisdiction courts. (Code Civ. Proc., § 92, subd. (c).)

Thus, this Court does not have jurisdiction to hear Defendants’ demurrer on the ground of uncertainty.

I. Conclusion & Order

Accordingly, Defendants’ Demurrer on the ground that Plaintiff has failed to allege facts to support a cause of action is SUSTAINED with 20 days’ leave to amend.

Moving party to give notice.

Case Number: 19STLC06555    Hearing Date: December 09, 2019    Dept: 94

Rodney v. Vernon, et al.

DEMURRER TO COMPLAINT

(CCP § 430.10)

TENTATIVE RULING:

Defendants Carlos Ricketts and Phyllis Vernon’s Demurrer to the Complaint is PLACED OFF CALENDAR.

ANALYSIS:

July 16, 2019, Plaintiff Cassandra Rodney (“Plaintiff”) brought this action against Defendants Carlos Ricketts and Phyllis Vernon (collectively, “Defendants”). Defendant filed a demurrer to the Complaint and on September 4, 2019, the Court sustained the demurrer with 30 days’ leave to amend. The Court also continued the hearing to October 7, 2019 in order to review the Amended Complaint purportedly filed by Plaintiff. Plaintiff, however, did not file the First Amended Complaint until September 30, 2019. At the hearing on October 7, 2019, the Court continued the hearing again to December 9, 2019. On November 12, 2019, Defendants filed a demurrer to the First Amended Complaint. The demurrer to the First Amended Complaint is set to be heard on January 8, 2020.

Based on the foregoing, the demurrer to the Complaint is PLACED OFF CALENDAR AS MOOT. THE DEMURRER TO THE FIRST AMENDED COMPLAINT REMAINS SCHEDULED FOR JANUARY 8, 2020 AT 10:30 AM IN DEPARTMENT 94.

Moving party to give notice.