This case was last updated from Los Angeles County Superior Courts on 07/31/2020 at 03:47:40 (UTC).

CYNTHIA WASHINGTON VS KULLAMANDIRI M. SHUKLA

Case Summary

On 01/30/2019 CYNTHIA WASHINGTON filed a Personal Injury - Other Personal Injury lawsuit against KULLAMANDIRI M SHUKLA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1126

  • Filing Date:

    01/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WASHINGTON CYNTHIA

Defendants

SHUKLA KULLAMANDIRI M.

SHUKLA KULLANANDIRI M.

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

11/4/2019: Answer - Answer

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

10/24/2019: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant's Demurrer to her First Amended Complaint

10/17/2019: Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant's Demurrer to her First Amended Complaint

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike Notice of Demurrer and Demurrer to Amend Complaint

6/14/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike Notice of Demurrer and Demurrer to Amend Complaint

Amended Complaint - Amended Complaint

5/22/2019: Amended Complaint - Amended Complaint

Amended Complaint - First Amended Complaint

5/7/2019: Amended Complaint - First Amended Complaint

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Demurrer - without Motion to Strike), Minute Order (Nunc Pro Tunc Order)]

5/16/2019: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Demurrer - without Motion to Strike), Minute Order (Nunc Pro Tunc Order)]

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

5/16/2019: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Nunc Pro Tunc Order) of 05/16/2019

5/16/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Nunc Pro Tunc Order) of 05/16/2019

Minute Order - Minute Order (Nunc Pro Tunc Order)

5/16/2019: Minute Order - Minute Order (Nunc Pro Tunc Order)

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

4/3/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Personal Service - Proof of Personal Service

4/3/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

1/30/2019: Complaint - Complaint

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

1/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

1/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

1/30/2019: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

1/30/2019: Summons - Summons on Complaint

6 More Documents Available

 

Docket Entries

  • 12/08/2020
  • Hearing12/08/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/20/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/20/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 07/29/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 12/08/2020 08:30 AM

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  • 07/20/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/02/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/20/2020

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  • 11/04/2019
  • DocketAnswer; Filed by: Kullamandiri M. Shukla (Defendant)

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  • 10/24/2019
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 10/24/2019
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 10/24/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/24/2019; Result Type to Held

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  • 10/17/2019
  • DocketOpposition Plaintiff's Opposition to Defendant's Demurrer to her First Amended Complaint; Filed by: Cynthia Washington (Plaintiff)

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  • 06/14/2019
  • DocketDemurrer - without Motion to Strike Notice of Demurrer and Demurrer to Amend Complaint; Filed by: Kullamandiri M. Shukla (Defendant)

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  • 06/14/2019
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 10/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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14 More Docket Entries
  • 04/03/2019
  • DocketDemurrer - without Motion to Strike; Filed by: Kullamandiri M. Shukla (Defendant)

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  • 04/03/2019
  • DocketProof of Personal Service; Filed by: Cynthia Washington (Plaintiff); As to: Kullamandiri M. Shukla (Defendant); Service Date: 03/07/2019; Service Cost Waived: No

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  • 02/05/2019
  • DocketNon-Jury Trial scheduled for 07/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 01/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Cynthia Washington (Plaintiff); As to: Kullamandiri M. Shukla (Defendant)

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  • 01/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Cynthia Washington (Plaintiff); As to: Kullamandiri M. Shukla (Defendant)

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  • 01/30/2019
  • DocketComplaint; Filed by: Cynthia Washington (Plaintiff); As to: Kullamandiri M. Shukla (Defendant)

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Tentative Rulings

Case Number: 19STLC01126    Hearing Date: October 24, 2019    Dept: 94

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Kullamandiri M. Shukla’s Demurrer to the First Amended Complaint is OVERRULED.

MOTION: Plaintiff lacks evidence to assert the claims in the First Amended Complaint. This action is brought in bad faith because Plaintiff was evicted in July 2017.

OPPOSITION: None filed as of October 21, 2019.

ANALYSIS:

On January 30, 2019, Plaintiff Cynthia Washington (“Plaintiff”) filed the instant action for personal injuries against Defendant Kullamandiri M. Shukla (“Defendant”). On May 1, 2019, the Court sustained Defendant’s demurrer to the Complaint with leave to amend. Plaintiff filed the First Amended Complaint on May 22, 2019. Defendant filed the instant Demurrer to the First Amended Complaint on June 14, 2019. Plaintiff filed an opposition on October 17, 2019.

Legal Standard

A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [grounds], § 430.30 [as to any matter on its face or from which judicial notice may be taken], and § 430.50(a) [can be taken to the entire complaint or any cause of action within]. Specifically, a demurrer may be brought per CCP § 430.10(e) if insufficient facts are stated to support the cause of action asserted. Per CCP §430.10(a) a demurrer may be brought where the court has no jurisdiction of the subject of the cause of action alleged in the pleading. Furthermore, demurrer for uncertainty will be sustained only where the complaint is so bad that the defendant cannot reasonably respond. CCP § 430.10(f).

However, 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.) And, if the facts pled in the complaint are inconsistent with facts which are incorporated by reference from exhibits attached to the complaint, the facts in the incorporated exhibits control. Further, irrespective of the name or label given to a cause of action by the plaintiff, a general demurrer must be overruled if the facts as pled in the body of the complaint state some valid claim for relief. Special demurrers are not allowed in limited jurisdiction courts. (CCP § 92(c).)

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, CCP 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.” (CCP § 430.41(a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (CCP § 430.41(a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (CCP § 430.41(a)(3).)

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Motion, Shukla Decl.) The Complaint alleged a single cause of action for general negligence. (Compl., ¶¶10b, GN-1.) The First Amended Complaint alleges causes of action for negligence and “dangerous premises,” which presumably means premises liability. The Court finds that insofar as the elements for premises liability are the same as for negligence, the causes of action will be analyzed as a single claim. (Jones v. Awad (2019) 252 Cal.Rptr.3d 596, 602.) The elements are therefore duty, breach, causation and damages. (Ibid.) The First Amended Complaint alleges that as Defendant was the owner of the property at 1530 W. 15 20th Street, Torrance, California (“the subject property”) and Plaintiff’s landlord, she had a duty to use reasonable care in protecting Plaintiff from physical harm on the premises. (FAC, ¶¶7, 16, 17.) This duty included keeping the subject property free of vermin infestation. (Id. at ¶17.) In failing to cure the infestation, Defendant allegedly breached her duty to Plaintiff and Defendant suffered injuries as a result. (Id. at ¶¶18-20.)

The First Amended Complaint, therefore, alleges facts to support each element for the negligence and/or premises liability cause of action. Defendant’s demurrer relies on facts outside the face of the First Amended Complaint, and of which the Court cannot take judicial notice, to argue that the causes of action are inadequate. This is not permissible on demurrer.

Defendant Kullamandiri M. Shukla’s Demurrer to the First Amended Complaint, therefore, is OVERRULED.

Moving party to give notice.