Motion to Strike Portions of Complaint; Demurrer to Complaint
# Case Name Tentative Ruling 101 Angola v. Children’s Hospital of Orange County, 2025- 01524204
Motion to Strike Portions of Complaint - GRANTED Plaintiff does not assert any causes of action for which punitive damages could be awarded.
Demurrer to Complaint – SUSTAINED WITH LEAVE TO AMEND
The court requires that parties e-file documents through an electronic filing service provider (ESFP). If Plaintiff submitted his complaint through the ESFP before the statute expired, then it would not be time-barred. Plaintiff’s evidence does not establish conclusively that the complaint was timely filed, but Plaintiff may be able to allege facts to do so.
The court finds that the decedent became a trespasser when he entered the employee only elevator, and therefore Plaintiff cannot state a claim for breach of any duty owed by Defendant to Decedent and/or Plaintiff. Additionally, Plaintiff has failed to set forth facts sufficient to state a cause of action for negligent hiring.
Case Management Conference 102 Barrera v. Hail Mary, Inc 2024-01421079
Motion for Leave to File Amended Complaint - GRANTED
Plaintiff Maria Munoz Barrera’s unopposed motion for leave to file a First Amended Complaint is GRANTED.
Pursuant to Code of Civil Procedure section 473, subdivision (a), the court may, “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars....” (Code Civ. Proc., § 473, subd. (a).)
“[T]he trial court has wide discretion in allowing the amendment of any pleading [citations], [and] as a matter of policy the ruling of the trial court in such matters will be upheld unless a manifest or gross abuse of discretion is shown.” (Melican v. Regents of University of
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