Motion for Judgment on the Pleadings
tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.
related papers on 2/19/26, setting the matter for hearing on 5/19/26. Plaintiff filed timely opposition and related papers on 4/29/26. Any reply to the opposition was due, per CCP §437c(b)(4), at least eleven days prior to the hearing. Eleven days prior to the hearing fell on 5/08/26. On 5/08/26, Defendant filed a response to Plaintiff's separate statement. The Court has not received reply points and authorities or any other papers Defendant may have filed in connection with the reply. The Court presumes Defendant filed reply papers and an error in the Clerk's office caused the papers not to be entered into the eCourt system.
The Court wishes to review Defendant's reply papers, and therefore continues the hearing on the motion to 5/28/26, the same date and time at which the hearing on the parties' MTCF is currently scheduled for hearing. Defendant must take steps forthwith to ensure its reply papers are properly filed and available on the Court's eCourt system for review. Defendant is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.
Case Number: 25LBCV00250 Hearing Date: May 19, 2026 Dept: S27
Plaintiffs filed a notice of non-opposition to Defendant's motion for judgment on the pleadings. The motion is therefore granted without leave to amend. Plaintiffs' fifth cause of action for fraudulent concealment is dismissed from the complaint. Plaintiffs are ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
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If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.
Case Number: 25LBCV00914 Hearing Date: May 19, 2026 Dept: S27
Background Facts
Plaintiff, Claudia Emilia Perez filed this action against Defendants, Volkswagen Group of America, Inc. and Walter Timmons Enterprises, Inc. for violations of the Song-Beverly Act and negligent repair.
Prior Hearing on Motion for Judgment on the Pleadings
On 2/05/26, the Court heard Timmons' motion for judgment on the pleadings, wherein Timmons contended the claim against it for negligent repair was barred by the economic loss rule. The Court agreed and granted the motion. The Court granted leave to amend if and only if Plaintiff could allege an injury that occurred as a result of Defendant's negligence.
Demurrer to First Amended Complaint
a. FAC
Plaintiff filed her First Amended Complaint on 2/13/26. Timmons filed this demurrer a week later, on 2/20/26. The demurrer is scheduled for hearing only a week prior to trial, but there is no rule of procedure that precludes this timeline.
b. Demurrer
Timmons continues to contend Plaintiff's action against it is barred by the economic loss rule. Plaintiff argues it is not.
a. Economic Loss Rule
Under the economic loss rule, a plaintiff may not recover in tort for negligently inflicted purely economic losses, unless the defendant's injury-causing conduct violated a duty independent of the contract and the defendant's conduct caused physical damage or personal injury. (Rattagan v. Uber Technologies, Inc. (2024) 17 Cal.5th 1, 20, 26, 44; Southern California Gas Leak Cases (2019) 7 Cal.5th 391, 395, 402; Sacramento Regional Transit Dist. v. Grumman Flxible (1984) 158 Cal.App.3d 289, 298-300; see Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) In other words, there is "no tort