Case Name: Michael Lazarin v. Sheila Pott, et al.
Case No.: 1-14-CV-264176

Defendants Michael Penuen and Sheila Penuen (“Penuens”) demurred to the First Amended Complaint of plaintiff Michael Lazarin (“Plaintiff”). The demurrer and supporting papers were timely and properly served. The demurrer was joined in by Defendants Lawrence Pott, Sheila Pott, John G., and Does 7 and 8 (all demurring Defendants are collectively referred to as “Defendants”).

Defendants’ request for judicial notice of the document attached to the request as Exhibit A is GRANTED. See Evid. Code, § 452, subds. (c), (d), (h).) However, the Court takes judicial notice only of the existence and contents of the documents subject to the parties’ requests, and not of the truth of the matters asserted therein. (See Unruh-Haxton v. Regents of Univ. of Calif. (2008) 162 Cal.App.4th 343, 364-365.) Defendants’ requests for judicial notice of the entirety of two other court files are DENIED. Defendants have not provided the Court with sufficient information to enable it to take judicial notice of any other specific pleadings found in the other named court files. See Evid. Code §453(b).

Plaintiff did not file any opposition to the demurrers. Plaintiff has the burden to show a reasonable possibility that amendment could cure the defects in the pleading. Goodman v. Kennedy (1976) 18 Cal.3d 335, 349. As Plaintiff did not respond at all to the demurrers, the Court is unable to discern how the defects in the complaint could be cured by amendment, and among other defects appearing in the complaint, Defendants have established that the claims alleged are barred by a final decision in a Family Law case that determined that Plaintiff is not a parent of Audrie Pott. Accordingly, Plaintiff does not have standing to bring an action for wrongful death or negligence, and leave to amend is denied.

Prevailing party is to prepare the order. After Defendants have served notice of entry of the order sustaining the demurrer, Defendants shall prepare a judgment of dismissal of the action as to the demurring Defendants.