This case was last updated from Los Angeles County Superior Courts on 08/11/2021 at 00:17:47 (UTC).

ISAAC ACHOJA VS ANNA MALSBERGER

Case Summary

On 11/13/2018 ISAAC ACHOJA filed a Property - Other Real Property lawsuit against ANNA MALSBERGER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3763

  • Filing Date:

    11/13/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Real Property

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

ACHOJA ISAAC

Los Angeles, CA 90009

Defendant

MALSBERGER ANNA

Attorney/Law Firm Details

Defendant Attorney

BURKE MICHAEL SHANNON

 

Court Documents

Proof of Service by Substituted Service - Proof of Service by Substituted Service

12/9/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Memorandum of Points & Authorities - Memorandum of Points & Authorities

6/30/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration Declaration of Rena G. Sera

6/30/2021: Declaration (name extension) - Declaration Declaration of Rena G. Sera

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/30/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

6/30/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Opposition (name extension) - Opposition Plaintiff, Isaac Achoja's Opposition to Defendant's Demurrer

7/30/2021: Opposition (name extension) - Opposition Plaintiff, Isaac Achoja's Opposition to Defendant's Demurrer

Reply (name extension) - Reply DEFENDANT ANNA MALSBERGERS REPLY BRIEF IN SUPPORT OF HER DEMURRER TO THE COMPLAINT

7/30/2021: Reply (name extension) - Reply DEFENDANT ANNA MALSBERGERS REPLY BRIEF IN SUPPORT OF HER DEMURRER TO THE COMPLAINT

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

8/3/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 08/03/2021

8/3/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 08/03/2021

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 09/18/2020

9/18/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 09/18/2020

Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

9/18/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

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

3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Summons - Summons on Complaint

11/13/2018: Summons - Summons on Complaint

Complaint - Complaint

11/13/2018: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/13/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/13/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/13/2018: First Amended Standing Order - First Amended Standing Order

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

11/13/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

6 More Documents Available

 

Docket Entries

  • 08/06/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service and Entry of Default and Default Judgment/Dismissal scheduled for 08/09/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/06/2021

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  • 08/06/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/06/2021

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  • 08/03/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 08/03/2021
  • DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 08/03/2021; Filed by: Clerk

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  • 08/03/2021
  • DocketUpdated -- Michael Shannon Burke (Attorney): First Name changed from MICHAEL to Michael; Last Name changed from BURKE to Burke; Organization Name changed from VOGL MEREDITH BURKE LLP to Vogl Meredith Burke LLP; Middle Name changed from S. to Shannon

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  • 08/03/2021
  • DocketAddress for Michael Shannon Burke (Attorney) updated

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  • 08/03/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 08/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/03/2021; Result Type to Held

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  • 07/30/2021
  • DocketOpposition Plaintiff, Isaac Achoja's Opposition to Defendant's Demurrer; Filed by: Isaac Achoja (Plaintiff)

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  • 07/30/2021
  • DocketReply DEFENDANT ANNA MALSBERGERS REPLY BRIEF IN SUPPORT OF HER DEMURRER TO THE COMPLAINT; Filed by: Anna Malsberger (Defendant)

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  • 07/01/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 08/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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12 More Docket Entries
  • 11/13/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2018
  • DocketComplaint; Filed by: Isaac Achoja (Plaintiff); As to: Anna Malsberger (Defendant)

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  • 11/13/2018
  • DocketNon-Jury Trial scheduled for 05/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 11/13/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/13/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/13/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/13/2018
  • DocketCivil Case Cover Sheet; Filed by: Isaac Achoja (Plaintiff)

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  • 11/13/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Isaac Achoja (Plaintiff)

    Read MoreRead Less
  • 11/13/2018
  • DocketRequest to Waive Court Fees; Filed by: Isaac Achoja (Plaintiff)

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Tentative Rulings

b'

Case Number: 18STLC13763 Hearing Date: August 3, 2021 Dept: 25

PROCEEDINGS: DEMURRER\r\nTO THE COMPLAINT

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MOVING PARTY: Defendant\r\nAnna Malsberger

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RESP. PARTY: None

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DEMURRER

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(CCP § 430.10, et seq.)

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TENTATIVE RULING:

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Defendant\r\nAnna Malsberger’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO\r\nAMEND.

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SERVICE: \r\n

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[X] Proof of Service Timely\r\nFiled (CRC, rule 3.1300) OK

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[X] Correct Address (CCP §§\r\n1013, 1013a) OK

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[X] 16/21 Court Days Lapsed\r\n(CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of July 29,\r\n2021 [ ] Late [X] None

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REPLY: None filed as\r\nof July 29, 2021 [ ]\r\nLate [X] None

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ANALYSIS:

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I. \r\nBackground

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On November 13, 2018, Plaintiff Isaac Achoja (“Plaintiff”)\r\nfiled an action against Anna Malsberger (“Defendant”). Defendant filed the\r\ninstant Demurrer to the Complaint (the “Demurrer”) on June 30, 2021. No\r\nopposition was filed.

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II. \r\nLegal\r\nStandard

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

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

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

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“A demurrer tests the legal sufficiency of the\r\nfactual allegations in a complaint.” (Ivanoff\r\nv. Bank of

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

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

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“read passages from a complaint in isolation; in\r\nreviewing a ruling on a demurrer, we read the

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

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

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factual allegations, facts that reasonably can be\r\ninferred from those expressly pleaded and matters of

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

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however, assume the truth of contentions, deductions or\r\nconclusions of law. [Citation.]” (Durell\r\nv.

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

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A\r\ngeneral demurrer may be brought under Code of Civil Procedure section 430.10,\r\nsubdivision (e) if insufficient facts are stated to support the cause of action\r\nasserted or under section 430.10, subdivision (a), where the court has no\r\njurisdiction of the subject of the cause of action alleged in the pleading. All\r\nother grounds listed in Section 430.10, including uncertainty under subdivision\r\n(f), are special demurrers. Special demurrers are not allowed in limited\r\njurisdiction courts. (Code Civ. Proc., § 92, subd. (c).)

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Leave to\r\namend must be allowed where there is a reasonable possibility of successful\r\namendment. (Goodman v. Kennedy (1976)\r\n18 Cal.3d 335, 348.) The burden is on\r\nthe complainant to show the Court that a pleading can be amended successfully.\r\n(Id.)

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Finally,\r\nCode of Civil Procedure section 430.41 requires that “[b]efore filing a\r\ndemurrer pursuant to this chapter, the demurring party shall meet and confer in\r\nperson or by telephone with the party who filed the pleading that is subject to\r\ndemurrer for the purpose of determining whether an agreement can be reached\r\nthat would resolve the objections to be raised in the demurrer.” (Code Civ.\r\nProc., § 430.41, subd. (a).) The parties are to meet and confer at least five\r\ndays before the date the responsive pleading is due. (Code Civ. Proc., § 430.41,\r\nsubd. (a)(2).) Thereafter, the demurring party shall file and serve a\r\ndeclaration detailing their meet and confer efforts. (Code Civ. Proc., §\r\n430.41, subd. (a)(3).)

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III. \r\nDiscussion\r\n

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Defendant demurs to the entire Complaint on the basis\r\nthat it is barred by the applicable statute of limitations. (Dem., p. 2.) The\r\nDemurrer is accompanied by a meet and confer declaration as required by Code of\r\nCivil Procedure section 430.41, subdivision (a). (Id., Sera Decl., ¶¶\r\n7-9.)

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Plaintiff’s form Complaint includes a single general\r\nnegligence cause of action attachment. (Comp., p. 4.) He alleges (1) that on\r\nNovember 12, 2015, Defendant negligently owned and entrusted or operated her\r\nvehicle in such a way as to “violently strike Plaintiff’s vehicle”; (2) that as\r\na direct and proximate result of Defendant’s negligence, Plaintiff “sustained\r\nsevere injuries to her strength, activities, all of which injuries have and\r\ncontinue to cause Plaintiff severe pain and suffering”; (3) that as a direct\r\nand proximate result of Defendant’s negligence, Plaintiff incurred medical and\r\nrelated expenses; and (4) that Plaintiff’s earning capacity was impaired. (Id.)\r\n

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The elements of a negligence cause of action are duty,\r\nbreach of that duty, proximate cause, and damages. (Peredia v. HR Mobile\r\nServices, Inc. (2018) 25 Cal.App.5th 680, 687.) The statute of limitations to\r\nbring a general negligence claim is two years. (Code Civ. Proc., § 335.1.)

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Here, Plaintiff alleges she suffered personal injuries as\r\na result of Defendant’s negligence on November 12, 2015 but did not file the\r\ninstant action until over three years later, on November 13, 2018. Where the\r\ndates alleged in the complaint demonstrate the action is time-barred, a general\r\ndemurrer lies. (Guardian North Bay, Inc. v. Superior Court (2001) 94\r\nCal.App.4th 963, 971-72.) Notably, Plaintiff did not file an opposition to this\r\nDemurrer.

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Accordingly, the Demurrer as to the entire Complaint is\r\nSUSTAINED WITHOUT LEAVE TO AMEND.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendant\r\nAnna Malsberger’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO\r\nAMEND.

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Moving party is ordered to give\r\nnotice.

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