Pending - Other Pending
Personal Injury - Motor Vehicle
DOES 1 TO 50
7/3/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
12/17/2018: Minute Order
Docketat 08:30 AM in Department 7, Yolanda Orozco, Presiding; Jury Trial - Held - Continued[+] Read More [-] Read Less
Docketat 10:00 AM in Department 7, Yolanda Orozco, Presiding; Final Status Conference - Held - Continued[+] Read More [-] Read Less
DocketMinute Order ( (Final Status Conference)); Filed by Clerk[+] Read More [-] Read Less
DocketCertificate of Mailing for (Minute Order (Final Status Conference) of 12/17/2018); Filed by Clerk[+] Read More [-] Read Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)[+] Read More [-] Read Less
DocketSUMMONS[+] Read More [-] Read Less
DocketComplaint; Filed by Somyod Theeraparptrumkul (Plaintiff)[+] Read More [-] Read Less
DocketORDER ON COURT FEE WAIVER[+] Read More [-] Read Less
Case Number: ****7345 Hearing Date: December 01, 2020 Dept: 27
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
[TENTATIVE] ORDER DEFENDANT MAGALY CUEVAS’S DEMURRER
December 1, 2020
On July 3, 2017, Plaintiff Somyod Theeraparptrumkul Defendants Magaly Cuevas, Fernando Cuevas, and Martha Cuevas aint on the grounds that it is barred by the statute of limitations.
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. ;(City of Atascadero v. Merrill Lynch, Pierce, Fenner ;(1998) 68 Cal.App.4th 445, 459.) ; ;“We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. ; ;We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. ; ;[Citation.]” ; ;(Mitchell v. California Department of Public Health ;(2016) 1 Cal.App.5th 1000, 1007; ;Del E. Webb Corp. v. Structural Materials Co. ;(1981) 123 Cal.App.3d 593, 604 [“the facts alleged in the pleading are deemed to be true, however improbable they may be”].) ; ;Allegations are to be liberally construed. ; ;(Code Civ. Proc., ; 452.) ; ;A demurrer may be brought if insufficient facts are stated to support the cause of action asserted. ;(Code Civ. Proc., ; 430.10, subd. (e).) ;
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. ; ;(Ibid.)
Before filing a demurrer, the demurring party shall meet and confer with the party who has filed the pleading and shall file a declaration detailing their meet and confer efforts. (Code Civ. Proc., ; 430.41, subd. (a).)
Defense counsel called the number provided on the Complaint and sent correspondence but did not receive any response. The meet and confer requirement is satisfied.
The statute of limitations for a personal injury case is 2 years from the date of injury. (Code Civ. Proc. ; 335.1.) The statute of limitations for property damage is 3 years. (Code Civ. Proc. ¶ 338.) This action was filed three and a half years after the automobile accident alleged in the Complaint. Accordingly, the action is barred by the statute of limitations.
Plaintiff did not oppose the Demurrer and did not show why leave to amend should be granted. Accordingly, Defendant’s Demurrer is SUSTAINED without leave to amend.
Defendant’s Demurrer is SUSTAINED without leave to amend.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
Dated this 1st day of December 2020
Hon. Edward B. Moreton, Jr.
Judge of the Superior Court