Anthony K. Mitchell, Jr. v. BMO Bank

Damond Lee ("Plaintiff") filed the operative Complaint in this action on February 25, 2026, alleging against defendants City of Los Angeles, Los Angeles Housing Department, Leonard Ross, Brandon Vega, and Manuel Vargas ("Defendants") causes of action for negligence, failure to perform mandatory duty (Gov. Code, Sec. 815.6), and retaliation/abuse of authority.

On August 11, 2026, the court issued a minute order setting for hearing an Order to Show Cause why the court on its own motion should not grant a motion for judgment on the pleadings in favor of defendants on the ground that the complaint does not state facts sufficient to constitute a cause of action against defendants. (August 11, 2026 minute order, p. 1.) The clerk served Plaintiff with a copy of the court's August 11, 2026 minute order. (August 11, 2026 Certificate of Mailing, p. 1.) Plaintiff did not file a response to the Order to Show Cause.

Upon review of the Complaint filed on February 25, 2026, the court finds that it does not state facts sufficient to constitute the stated causes of action for negligence, failure to perform mandatory duty ((Gov Code, Sec. 815.6), and retaliation/abuse of authority against Defendants, including because Plaintiff has not alleged (1) any facts setting forth the alleged wrongful acts or omissions of Defendant in support of each cause of action, and (2) each element of each asserted cause of action. (Code Civ. Proc., Sec. 438, subd. (c)(3)(B)(ii).)

The court therefore grants its own motion for judgment on the pleadings in favor of Defendants on Plaintiff's Complaint. (Ibid.) The court grants its own motion for judgment on the pleadings without leave to amend because Plaintiff did not meet their burden to articulate how they can amend the Complaint to render it sufficient against Defendants, including because Plaintiff did not file a response to the Order to Show Cause setting forth the facts that can be alleged and what causes of action those facts can support. (Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290 [burden is on the plaintiff to articulate how they could amend their pleading to render it sufficient].)

ORDER

The court grants its own motion for judgment on the pleadings on plaintiff Damond Lee's Complaint, filed in this action on February 25, 2026, without leave to amend. The court orders that this action is dismissed.¿ (Code Civ. Proc., Sec. 581, subd. (m).)¿ The court directs the clerk to give notice of this ruling. IT IS SO ORDERED. DATED: September 9, 2026 _____________________________ Robert B. Broadbelt III Judge

of the Superior Court

County of Los Angeles - Central District Department 513 ANTHONY K. MITCHELL, JR.; Plaintiff, vs. BMO BANK; Defendant. | Case No.: |

| | | Hearing Date: | September 9, 2026 | | | Time: | 8:30 a.m. | | | [tentative] Order RE: order to show cause why the court should not grant a motion for judgment on the pleadings | Order t o Show Cause Why the Court Should on Its Own Motion Should Not Grant a Motion for Judgment on the Pleadings on in Favor of

Defendant on the Ground the Complaint Does Not State Facts Sufficient to Constitute a Cause of Action Against Defendant

Plaintiff Anthony K. Mitchell, Jr. ("Plaintiff") filed the operative Complaint in this action on March 25, 2026, against defendant BMO Bank ("Defendant").

On August 11, 2026, the court issued a minute order setting for hearing an Order to Show Cause why the court on its own motion should not grant a motion for judgment on the pleadings in favor of defendant on the ground that the complaint does not state facts sufficient to constitute a cause of action against defendant. (August 11, 2026 minute order, p. 1.) The clerk served Plaintiff with a copy of the court's August 11, 2026 minute order. (August 11, 2026 Certificate of Mailing, p. 1.) Plaintiff did not file a response to the Order to Show Cause.

Upon review of the Complaint filed on March 25, 2026, the court finds that it does not state facts sufficient to constitute a cause of action against Defendant, including because Plaintiff has not alleged (1) any facts setting forth the alleged wrongful acts or omissions of Defendant in support of each cause of action, and (2) each element of each asserted cause of action. (Code Civ. Proc., Sec. 438, subd. (c)(3)(B)(ii).)

The court therefore grants its own motion for judgment on the pleadings in favor of Defendant on Plaintiff's Complaint. (Ibid.) The court grants its own motion for judgment on the pleadings without leave to amend because Plaintiff did not meet their burden to articulate how they can amend the Complaint to render it sufficient against Defendant, including because Plaintiff did not file a response to the Order to Show Cause setting forth the facts that can be alleged and what causes of action those facts can support. (Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290 [burden is on the plaintiff to articulate how they could amend their pleading to render it sufficient].)

ORDER

The court grants its own motion for judgment on the pleadings on plaintiff Anthony K. Mitchell, Jr. 's Complaint, filed in this action on March 25, 2026, without leave to amend. The court orders that this action is dismissed.¿ (Code Civ. Proc., Sec. 581, subd. (m).)¿ The court directs the clerk to give notice of this ruling. IT IS SO ORDERED. DATED: September 9, 2026 _____________________________ Robert B. Broadbelt III Judge of the Superior Court |