MAXINE MARIAH MEDINA, et al., Plaintiffs, vs. CITY OF EL MONTE, et al., Defendants.



Case No.: BC583814

[TENTATIVE] ORDER RE: DEFENDANT KIM PHUNG NGUYEN’S MOTION FOR JUDGMENT ON THE PLEADINGS

Dept. 98
1:30 p.m.
December 27, 2016

On June 2, 2015, Plaintiffs Maxine Mariah Medina; Bobbie Jada Medina, a minor, by and through her Guardian ad Litem, Linda De Luna; and Linda De Luna (“De Luna”) (collectively, “Plaintiffs”) filed this action against Defendants City of El Monte; Kim Phung Nguyen (“Moving Defendant”); and Ramon Ortega. This action arises out of a June 20, 2014 motorcycle vs. vehicle collision which resulted in the death of Robert Medina (“Decedent”). Plaintiffs allege causes of action for: 1) dangerous condition of public property; 2) negligence; and 3) loss of consortium. Moving Defendant now moves for judgment on the pleadings against De Luna on the grounds that the second and third causes of action fail to state facts sufficient to constitute a cause of action