This case was last updated from Los Angeles County Superior Courts on 05/21/2021 at 07:38:12 (UTC).

NH ENVIRONMENTAL INC VS BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT

Case Summary

On 12/28/2020 NH ENVIRONMENTAL INC filed a Contract - Other Contract lawsuit against BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT. 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:

    *******0678

  • Filing Date:

    12/28/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

NH ENVIRONMENTAL INC

Defendant

BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT

Attorney/Law Firm Details

Plaintiff Attorney

BAYLEY GUY RICHARD

Defendant Attorney

HOM MARTIN

 

Court Documents

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

4/20/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

4/21/2021: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice of Non-Opposition to Demurrer of Defendant Board of Trustees of Rio Hondo Community College District to Complaint

4/13/2021: Notice (name extension) - Notice of Non-Opposition to Demurrer of Defendant Board of Trustees of Rio Hondo Community College District to Complaint

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

3/23/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Declaration (name extension) - Declaration Declaration of Martin A. Hom in Support of Defendant Board of Trustees of Rio Hondo Community College Districts Demurrer to Plaintiffs Complaint

3/23/2021: Declaration (name extension) - Declaration Declaration of Martin A. Hom in Support of Defendant Board of Trustees of Rio Hondo Community College Districts Demurrer to Plaintiffs Complaint

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

3/23/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration of Defendant Board of Trustees of Rio Hondo Community College District for Automatic 30-Day Extension to File Demurrer

2/22/2021: Declaration (name extension) - Declaration of Defendant Board of Trustees of Rio Hondo Community College District for Automatic 30-Day Extension to File Demurrer

Summons - Summons on Complaint

12/28/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/28/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/28/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

12/28/2020: First Amended Standing Order - First Amended Standing Order

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

12/28/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 04/21/2021
  • DocketNotice of Ruling; Filed by: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant)

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  • 04/20/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 04/20/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 04/20/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 04/20/2021

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  • 04/20/2021
  • DocketNon-Jury Trial scheduled for 06/27/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/20/2021; Result Type to Not Held - Vacated by Court

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  • 04/20/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/02/2024 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/20/2021; Result Type to Not Held - Vacated by Court

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  • 04/13/2021
  • DocketNotice of Non-Opposition to Demurrer of Defendant Board of Trustees of Rio Hondo Community College District to Complaint; Filed by: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant); As to: NH ENVIRONMENTAL INC (Plaintiff)

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  • 03/24/2021
  • DocketUpdated -- Demurrer - without Motion to Strike TO PLAINTIFF?S COMPLAINT;: Name Extension: TO PLAINTIFF?S COMPLAINT;; As To Parties: removed

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  • 03/24/2021
  • DocketUpdated -- Declaration Declaration of Martin A. Hom in Support of Defendant Board of Trustees of Rio Hondo Community College District?s Demurrer to Plaintiff?s Complaint: As To Parties: removed

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  • 03/24/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 04/20/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/23/2021
  • DocketDemurrer - without Motion to Strike; Filed by: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant)

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1 More Docket Entries
  • 03/23/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant); As to: NH ENVIRONMENTAL INC (Plaintiff)

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  • 02/22/2021
  • DocketDeclaration of Defendant Board of Trustees of Rio Hondo Community College District for Automatic 30-Day Extension to File Demurrer; Filed by: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant)

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  • 12/28/2020
  • DocketComplaint; Filed by: NH ENVIRONMENTAL INC (Plaintiff); As to: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant)

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  • 12/28/2020
  • DocketSummons on Complaint; Issued and Filed by: NH ENVIRONMENTAL INC (Plaintiff); As to: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant)

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  • 12/28/2020
  • DocketCivil Case Cover Sheet; Filed by: NH ENVIRONMENTAL INC (Plaintiff); As to: BOARD OF TRUSTEES OF RIO HONDO COMMUNITY COLLEGE DISTRICT (Defendant)

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  • 12/28/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/28/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/28/2020
  • DocketNon-Jury Trial scheduled for 06/27/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 12/28/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/02/2024 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 12/28/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC10678    Hearing Date: April 20, 2021    Dept: 25

HEARING DATE: Tue., April 20, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: NH Environmental, Inc. v. Board of Trustees of Rio Hondo Comm. College Dist.

CASE NUMBER: 20STLC10678 COMPL. FILED: 12-28-20

NOTICE: OK DISC. C/O: 05-28-22

DISC. MOT. C/O: 06-12-22

TRIAL DATE: 06-27-22

PROCEEDINGS: DEMURRER TO PLAINTIFF’S COMPLAINT

MOVING PARTY: Defendant Rio Hondo Community College District, erroneously sued as Board of Trustees of Rio Hondo Community College District

RESP. PARTY: None

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Rio Hondo Community College District’s Demurrer is PLACED OFF CALENDAR.

Because the Complaint alleges damages in excess of $25,000.00, this limited jurisdiction court does not have jurisdiction over the action. The case is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of notice of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

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

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

OPPOSITION: None filed as of April 16, 2021 [ ] Late [X] None

REPLY: None filed as of April 16, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 28, 2020, Plaintiff NH Environmental, Inc. (“Plaintiff”) filed an action against Defendant Board of Trustees of Rio Hondo Community College District (“Defendant”) for breach of contract and common counts.

Defendant filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”) on March 23, 2021. No opposition was filed.

  1. 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.)

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

  1. Discussion

As an initial matter, the Court notes that the Complaint alleges damages of $40,074.86. (Compl., ¶¶ BC-4; CC-2.) However, limited jurisdiction courts only have jurisdiction over actions where the amount in controversy is $25,000.00 or less. (Code Civ. Proc., § 86, subd. (a)(1).) As Plaintiff alleges damages of $40,074.86, it appears that the first page of Plaintiff’s form Complaint, which checks off the box indicating this is a limited civil case, is an error. (See Compl., p. 1.)

As this limited jurisdiction Court does not have jurisdiction over cases seeking over $25,000.00 in damages, the instant Demurrer is PLACED OFF CALENDAR. The Court also RECLASSIFIES this action to unlimited jurisdiction court on its own motion under Code of Civil Procedure section 403.040, subdivision (a). Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Rio Hondo Community College District’s Demurrer is PLACED OFF CALENDAR.

Because the Complaint alleges damages in excess of $25,000.00, this limited jurisdiction court does not have jurisdiction over the action. The case is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of notice of this order.

Moving party is ordered to give notice.

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