This case was last updated from Los Angeles County Superior Courts on 09/04/2021 at 00:03:42 (UTC).

PAULA YAVONNE JACKSON VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Case Summary

On 03/05/2020 PAULA YAVONNE JACKSON filed a Personal Injury - Other Personal Injury lawsuit against LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2163

  • Filing Date:

    03/05/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

JACKSON PAULA YAVONNE

Defendant

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Attorney/Law Firm Details

Defendant Attorney

CITRON JOEL F.

 

Court Documents

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

12/21/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Request for Judicial Notice - Request for Judicial Notice

12/21/2020: Request for Judicial Notice - Request for Judicial Notice

Reply (name extension) - Reply No Opposition to Demurrer

2/10/2021: Reply (name extension) - Reply No Opposition to Demurrer

Minute Order - Minute Order (Nunc Pro Tunc Order)

2/18/2021: Minute Order - Minute Order (Nunc Pro Tunc Order)

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

2/18/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Minute Order - Minute Order (Ruling on Submitted Matter)

2/18/2021: Minute Order - Minute Order (Ruling on Submitted Matter)

Declaration (name extension) - Declaration of Joel Citron

2/23/2021: Declaration (name extension) - Declaration of Joel Citron

Summons - Summons on Complaint

3/5/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/5/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

3/5/2020: Complaint - Complaint

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

3/5/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/5/2020: First Amended Standing Order - First Amended Standing Order

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

3/5/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1 More Documents Available

 

Docket Entries

  • 07/20/2021
  • DocketNon-Jury Trial scheduled for 09/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/20/2021

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  • 07/20/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/09/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/20/2021

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  • 02/23/2021
  • DocketDeclaration of Joel Citron; Filed by: Los Angeles County Metropolitan Transportation Authority (Defendant)

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  • 02/18/2021
  • DocketUpdated -- Demurrer - without Motion to Strike: Filed By: Los Angeles County Metropolitan Transportation Authority (Defendant); Result: Granted; Result Date: 02/18/2021

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  • 02/18/2021
  • DocketOn the Complaint filed by Paula Yavonne Jackson on 03/05/2020, entered Order for Dismissal without prejudice as to the entire action

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  • 02/18/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 02/18/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 02/18/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/18/2021; Result Type to Held - Motion Granted

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  • 02/18/2021
  • DocketMinute Order (Nunc Pro Tunc Order)

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  • 02/18/2021
  • DocketMinute Order (Ruling on Submitted Matter)

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  • 02/10/2021
  • DocketReply No Opposition to Demurrer; Filed by: Los Angeles County Metropolitan Transportation Authority (Defendant)

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3 More Docket Entries
  • 03/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/09/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/05/2020
  • DocketComplaint; Filed by: Paula Yavonne Jackson (Plaintiff); As to: Los Angeles County Metropolitan Transportation Authority (Defendant)

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  • 03/05/2020
  • DocketNon-Jury Trial scheduled for 09/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/05/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 03/05/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/05/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/05/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/05/2020
  • DocketCivil Case Cover Sheet; Filed by: Paula Yavonne Jackson (Plaintiff)

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  • 03/05/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Paula Yavonne Jackson (Plaintiff)

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  • 03/05/2020
  • DocketRequest to Waive Court Fees; Filed by: Paula Yavonne Jackson (Plaintiff)

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Tentative Rulings

Case Number: 20STLC02163    Hearing Date: February 18, 2021    Dept: 026

Jackson v. Los Angeles County Metropolitan Transportation Authority, et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Los Angeles County Metropolitan Transportation Authority’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND UPON CONDITION THAT DEFENDANT FILE A MEET AND CONFER DECLARATION IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE SECTION 430.41 PRIOR TO THE HEARING ON FEBRUARY 18, 2021. OTHERWISE, THE HEARING ON THE DEMURRER IS CONTINUED TO MARCH 18, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Paula Yavonne Jackson (“Plaintiff”) filed the Complaint in this action for personal injuries against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) on March 5, 2020. Defendant filed the instant Demurrer to the Complaint on December 21, 2020 and a notice of no opposition on February 10, 2021. To date, no opposition has been filed.

Discussion

The Demurrer is not accompanied by a meet and confer declaration as required by Code of Civil Procedure sections 430.41. Although the Notice of Demurrer refers to a meet and confer effort, no declaration attesting to the same is attached. (Demurrer, p. 2:6-8.) Defendant is ordered to file a copy of the meet and confer declaration prior to the hearing on February 18, 2021, otherwise the Court is not inclined to issue a final ruling on the merits at this time.

Defendant demurs to the Complaint for failure to allege facts sufficient to state a cause of action (Code Civ. Proc., § 430.10, subd. (e)) and because another action is pending between the same parties on the same cause of action (Code Civ. Proc., § 430.10, subd. (c)). As an initial matter, only general demurrers are permitted in a court of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c).) “A general demurrer ‘searches the complaint’ or the particular count to which it is directed, for any and every failure to state a material fact.” (Banerian v. O'Malley (1974) 42 Cal.App.3d 604, 610–611.) A demurrer based on another pending action is a special demurrer and cannot be heard in this Court. (California Union Ins. Co. v. Trinity River Land Co. (1980) 105 Cal.App.3d 104, 108.) Therefore, the Court will not rule on the special demurrer nor take judicial notice of the documents requested by Defendant, as they have no relevance to the general demurrer.

The Complaint alleges a single cause of action for personal injuries arising out of general negligence. (Compl., ¶¶10-12.) Specifically, Plaintiff alleges that she was injured due to the neglect of a Metro Bus Attendant. (Id. at ¶12.) A cause of action for negligence must allege duty, breach, causation and damages. (Modisette v. Apple Inc. (2018) 30 Cal.App.5th 136, 143.) The Complaint does not allege facts demonstrating that Defendant breached any duty of care owed Plaintiff. No facts are alleged regarding what act or omission constituted neglect by the Metro Bus Attendant / Driver so it is not possible to determine in what manner he or she breached Defendant’s duty of care or caused Plaintiff injury. Therefore, the Complaint fails to allege the necessary elements for a negligence cause of action against Defendant.

Nor has Plaintiff demonstrated that the Complaint can be amended to set forth the necessary facts, as is her burden. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) By failing to oppose the demurrer, Plaintiff appears to concede that no cause of action can be alleged against Defendant.

Conclusion

Defendant Los Angeles County Metropolitan Transportation Authority’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND UPON CONDITION THAT DEFENDANT FILE A MEET AND CONFER DECLARATION IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE SECTION 430.41 PRIOR TO THE HEARING ON FEBRUARY 18, 2021. OTHERWISE, THE HEARING ON THE DEMURRER IS CONTINUED TO MARCH 18, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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