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This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 03:30:20 (UTC).

SOMYOD THEERAPARPTRUMKUL VS MAGALY CUEVAS

Case Summary

On 07/03/2017 SOMYOD THEERAPARPTRUMKUL filed a Personal Injury - Motor Vehicle lawsuit against MAGALY CUEVAS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7345

  • Filing Date:

    07/03/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

YOLANDA OROZCO

 

Party Details

Plaintiff

THEERAPARPTRUMKUL SOMYOD

Defendants and Respondents

DOES 1 TO 50

CUEVAS MAGALY

 

Court Documents

Minute Order

12/17/2018: Minute Order

Unknown

12/17/2018: Unknown

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

7/3/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

Unknown

7/3/2017: Unknown

SUMMONS

7/3/2017: SUMMONS

 

Docket Entries

  • 01/03/2019
  • at 08:30 AM in Department 7, Yolanda Orozco, Presiding; Jury Trial - Held - Continued

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  • 12/17/2018
  • at 10:00 AM in Department 7, Yolanda Orozco, Presiding; Final Status Conference - Held - Continued

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  • 12/17/2018
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 12/17/2018
  • Certificate of Mailing for (Minute Order (Final Status Conference) of 12/17/2018); Filed by Clerk

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  • 07/03/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 07/03/2017
  • SUMMONS

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  • 07/03/2017
  • Complaint; Filed by Somyod Theeraparptrumkul (Plaintiff)

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  • 07/03/2017
  • ORDER ON COURT FEE WAIVER

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Tentative Rulings

Case Number: BC667345    Hearing Date: December 01, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SOMYOD THEERAPARPTRUMKUL,

Plaintiff,

vs.

MAGALY CUEVAS,

Defendant.

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.BC667345

[TENTATIVE] ORDER DEFENDANT MAGALY CUEVAS’S DEMURRER

Dept. 27

3:30 p.m.

December 1, 2020

I.INTRODUCTION

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.  

II.LEGAL STANDARDS

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.)

III.DISCUSSION

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. 

IV.CONCLUSION

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