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This case was last updated from Los Angeles County Superior Courts on 06/06/2021 at 10:42:31 (UTC).

YAROSLAVA ARRIAGA VS COSTCO WHOLESALE CORPORATION, ET AL.

Case Summary

On 07/29/2020 YAROSLAVA ARRIAGA filed a Personal Injury - Other Personal Injury lawsuit against COSTCO WHOLESALE CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8628

  • Filing Date:

    07/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

EDWARD B. MORETON

 

Party Details

Plaintiff

ARRIAGA YAROSLAVA

Defendants

JONES LINDSAY

COSTCO WHOLESALE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

HAYES BRADLEY G

MALCZYNSKI MATTHEW PHILIP

Defendant Attorneys

EGAN EUGENE J

J.EGAN ESQ. EUGENE

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

1/19/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Notice of Ruling

1/20/2021: Notice of Ruling

Request for Dismissal

2/17/2021: Request for Dismissal

Notice of Removal to Federal Court

4/6/2021: Notice of Removal to Federal Court

Association of Attorney

12/15/2020: Association of Attorney

Demurrer - without Motion to Strike

12/10/2020: Demurrer - without Motion to Strike

Declaration - DECLARATION DECLARATION OF JEFFREY Y. TSAO PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 430.41

11/10/2020: Declaration - DECLARATION DECLARATION OF JEFFREY Y. TSAO PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 430.41

Notice of Posting of Jury Fees

10/26/2020: Notice of Posting of Jury Fees

Answer - ANSWER AND DEMAND FOR JURY TRIAL

10/26/2020: Answer - ANSWER AND DEMAND FOR JURY TRIAL

Proof of Service by Substituted Service

10/5/2020: Proof of Service by Substituted Service

Declaration re: Due Diligence

10/5/2020: Declaration re: Due Diligence

Proof of Service by Mail

10/5/2020: Proof of Service by Mail

Proof of Personal Service

9/29/2020: Proof of Personal Service

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

8/6/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

PI General Order

8/6/2020: PI General Order

Notice of Case Assignment - Unlimited Civil Case

7/29/2020: Notice of Case Assignment - Unlimited Civil Case

Summons - SUMMONS ON COMPLAINT

7/30/2020: Summons - SUMMONS ON COMPLAINT

Complaint

7/30/2020: Complaint

8 More Documents Available

 

Docket Entries

  • 07/26/2023
  • Hearing07/26/2023 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 01/26/2022
  • Hearing01/26/2022 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/12/2022
  • Hearing01/12/2022 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/06/2021
  • DocketNotice of Removal to Federal Court; Filed by COSTCO WHOLESALE CORPORATION (Defendant)

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  • 02/17/2021
  • DocketRequest for Dismissal; Filed by Yaroslava Arriaga (Plaintiff)

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  • 01/20/2021
  • DocketNotice of Ruling; Filed by COSTCO WHOLESALE CORPORATION (Defendant); Lindsay Jones (Defendant)

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  • 01/19/2021
  • Docketat 3:30 PM in Department 27, Edward B. Moreton, Presiding; Hearing on Demurrer - without Motion to Strike - Held

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  • 01/19/2021
  • DocketMinute Order ( (Hearing on Demurrer - without Motion to Strike)); Filed by Clerk

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  • 01/15/2021
  • DocketNotice (NOTICE OF NON-RECEIPT OF OPPOSITION); Filed by COSTCO WHOLESALE CORPORATION (Defendant)

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  • 12/15/2020
  • DocketAssociation of Attorney; Filed by Yaroslava Arriaga (Plaintiff)

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4 More Docket Entries
  • 10/05/2020
  • DocketProof of Service by Mail; Filed by Yaroslava Arriaga (Plaintiff)

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  • 10/05/2020
  • DocketProof of Service by Substituted Service; Filed by Yaroslava Arriaga (Plaintiff)

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  • 10/05/2020
  • DocketDeclaration re: Due Diligence; Filed by Yaroslava Arriaga (Plaintiff)

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  • 09/29/2020
  • DocketProof of Personal Service; Filed by Yaroslava Arriaga (Plaintiff)

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  • 08/06/2020
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Date); Filed by Clerk

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  • 08/06/2020
  • DocketPI General Order; Filed by Clerk

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  • 07/29/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less
  • 07/29/2020
  • DocketSummons (on Complaint); Filed by Yaroslava Arriaga (Plaintiff)

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  • 07/29/2020
  • DocketCivil Case Cover Sheet; Filed by Yaroslava Arriaga (Plaintiff)

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  • 07/29/2020
  • DocketComplaint; Filed by Yaroslava Arriaga (Plaintiff)

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Tentative Rulings

Case Number: 20STCV28628    Hearing Date: January 19, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

YAROSLAVA ARRIAGA,

Plaintiff,

vs.

COSTCO WHOLESALE CORPORATION, et al.,

Defendant(s).

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.: 20STCV28628

[TENTATIVE] ORDER RE: DEFENDANT JONES’ DEMURRER

Dept. 27

3:30 p.m.

January 19, 2021

I.INTRODUCTION

On July 29, 2020, Plaintiff Yaroslava Arriaga filed this action against Defendants Costco Wholesale Corporation (“Costco”) and Lindsay Jones (Defendant) arising from a July 3, 2019 slip and fall.  Defendant demurs to the causes of action for negligence and premises liability on the grounds that they fail to state sufficient facts and are uncertain, ambiguous, and unintelligible.  

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 & Smith, Inc.¿(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 declares he sent a meet and confer email on October 21, 2020 and requested a response by October 23, 2020.  On November 5, 2020, defense counsel spoke with Plaintiff’s counsel on the phone but Plaintiff’s counsel stated he had not yet read the letter.  Defense counsel states that on November 9, 2020, counsel for parties further met and conferred and eventually reached an agreement to dismiss DefendantThis unopposed demurrer remains on calendar.

Plaintiff alleges that on July 3, 2019, she was an invited guest at one of Costco’s stores when she slipped on a liquid hazard on the floor.  Defendant contends that nowhere in the Complaint does Plaintiff identify Defendant’s role or any specific acts committed by Defendant.  This is unpersuasive.  Plaintiff alleges Defendant “negligently owned, maintained, managed, and operated the described premises.”  (Compl., Prem.L-2.)   Plaintiff also alleges Defendant “failed to maintain” the premises by “allowing a liquid hazard to remain on the floor.”  (Compl., ¶ GN-1.) Although sparse, the Complaint states sufficient facts to allege a cause of action for premises liability against Defendant and place Defendant on notice of the claims asserted against them.  Defendant argues that as a mere supervisory employee, they cannot be liable for Plaintiff’s slip and fall injuries.  However, this fact goes beyond the four corners of the complaint, which is something the Court cannot consider at this stage of the pleadings.  

IV.CONCLUSION

Defendant’s Demurrer is OVERRULED.  Defendant is ordered to file an answer within 20 days of the date of this Order. 

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 19th day of January 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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