Case Number: BC528993    Hearing Date: August 13, 2014    Dept: 46

Case Number: BC528993
DOROTHY WOODSON VS LOS ANGELES CITY COLLEGE ET AL
Filing Date: 11/27/2013
Case Type: Other Compl-not Tort or Complex (General Jurisdiction)
Status: Pending
Future Hearings

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This tentative ruling is posted at 1:25 p.m. on 8-11-2014 and the matter is set as Cal. #4 for hearing on 8-13-2014 at 8:30 a.m.

If there are no parties other than Plaintiff/Petitioner, then Plaintiff/Petitioner may submit to the tentative without appearance by telephonic notification to the clerk of Dept. 46 between 8:00 a.m. and 4:30 p.m. on a date prior to the hearing or morning prior to the hearing by calling (213) 974-5665, and the court will issue the tentative ruling as the final ruling. If the other parties have appeared in the action, then the parties must first confer and all agree that the tentative ruling will be the final ruling on the matter. If the parties to the matter before the court all agree, a representative of the parties may call the clerk and submit without an appearance, and the court will issue the tentative ruling as the final ruling. If an order is required, it should be lodged directly in Dept. 46 with a copy to adverse/other parties, if any.

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08/13/2014
DEMURRER TO COMPLAINT

(1) DEMURRER BY LOS ANGELES COMMUNITY COLLEGE DISTRICT, BOARD OF TRUSTEES OF THE LOS ANGELES COMMUNITY COLLEGE DISTRICT AND THE LOS ANGELES CITY COLLEGE

TENTATIVE RULING: The demurrer is unopposed. Defendants LOS ANGELES COMMUNITY COLLEGE DISTRICT, BOARD OF TRUSTEES OF THE LOS ANGELES COMMUNITY COLLEGE DISTRICT AND THE LOS ANGELES CITY COLLEGE requests for judicial notice of the claim and rejection of claim are granted. The claim was rejected on 4/30/2013. The Complaint was filed on 11/27/2013. The claim statute is probably irrelevant as it is not clear to the court that the Plaintiff is suing in tort. Plaintiff’s causes of action are based upon non-statutory grounds and therefore defendant is immune from liability. Gov. Code §815(a). The demurrer is sustained on the basis of CCP 430.10(e) and (f). The complaint is also so poorly written that it is uncertain as to what allegations are being made. Any amendment must clarify exactly what plaintiff is suing for and state all necessary elements of the cause of action.

(2) DEMURRER BY CITY OF LOS ANGELES

TENTATIVE RULING: The demurrer is unopposed. The demurrer by CITY OF LOS ANGELES is sustained. Plaintiff’s causes of action are based upon non-statutory grounds and therefore defendant is immune from liability. Gov. Code §815(a). The demurrer is sustained on the basis of CCP §430.10(e) and (f). The complaint is also so poorly written that it is uncertain as to what allegations are being made. Any amendment must clarify exactly what plaintiff is suing for and state all necessary elements of the cause of action.

(3) Case Management Conference

It is unclear whether or not plaintiff will be able to state a cause of action. Therefore the CMC is continued to a date likely to be after the next demurrer or 1/23/2015 at 8:30 a.m.