Bryan v. Santa Maria Diesel Service, Inc.
Case No: 19CV00386
Hearing Date: Tue Jun 25, 2019 8:30

Nature of Proceedings: Motion: Dismiss

On January 23, 2019, John T. Bryan filed a complaint for personal injury against Santa Maria Diesel Service, Inc., Mavredakis, Cranert Esq., Pollard, Maverdakis, Cranert, Esq. In the body of the complaint he includes Zurich Insurance and he states it is represented by Maverdakis Cranert. The complaint alleges that plaintiff was injured while he was on the property of Santa Maria Diesel Service, Inc. when defendant’s forklift hit his diesel bus while he was in it. He seeks one million actual and one million punitive damages from Santa Maria Diesel Service Inc.

In addition, in what appears to be an unrelated incident, plaintiff states that he contacted Pollard, Mavredakis and Cranert, who were “supposed to be his defense attornies (sic) in the Zyprexa medication lawsuit.” Plaintiff also allegedly “contacted Jim Maverkakis Esq. personaly (sic) and informed him a conflict of interest exists as lawyers you cannot be defense lawyers in Case Number 14CV0297 of San Luis Obispo California and Plaintiff’s lawyers in the 8 billion dollar Zyprexa lawsuit.”

Zurich American Insurance demurred to the complaint based on uncertainty. On April 23, 2019, the court sustained the demurrer with leave to amend within 15 days. Notice of the ruling was mailed on April 24, 2019, to the address on the complaint. An amended complaint was not filed. Zurich American Insurance now moves to dismiss the complaint. The motion was timely served by mail to the address contained on the complaint and by email.

If the court sustains a demurrer, leave to amend within 10 days is deemed granted, unless the court orders otherwise. (Cal. Rules of Court, rule 3.1320(g).) The time within which to answer or amend runs not from the date of actual ruling, but from the date of service of notice of the court’s decision or order, unless such notice is waived in open court and entered in the minutes of the court. (Code Civ. Proc. § 472b.) Where a demurrer has been sustained or motion to strike has been granted with leave to amend, but no amendment has been made within the time allowed by the court, the court may dismiss on motion of either party. (Code Civ. Proc. § 581, subd. (f)(2) & (4).)

An amended pleading was not filed within the time allowed. The court grants the motion to dismiss.

Pursuant to California Rules of Court, 3.1308 (a)(1) and Santa Barbara County Superior Court Local Rule 1301(b), the court does not require a hearing; oral argument will be permitted only if a party notifies all other parties and the court by 4:00 p.m. (Department 2) the day before the hearing of the party’s intention to appear. This tentative ruling will become the ruling of the court if notice of intent to appear has not been given. If no hearing is held, the moving party is directed to provide a proposed order and judgment for signature commensurate with this tentative, with appropriate notice pursuant to California Rules of Court rule 3.1312, which will then be entered by the court.