RG17845161: T VS Sears Auto Center
12/14/2023 Hearing on Motion for Judgment on the Pleadings filed by Sears, Roebuck and
Co. (Defendant) in Department 22

Tentative Ruling - 12/12/2023 Jeffrey Brand


Defendant Sears, Roebuck and Co.’s unopposed Motion for Judgment on the Pleadings is
GRANTED.

Defendant’s unopposed request for judicial notice is GRANTED.

BACKGROUND

Plaintiffs filed this action in January of 2017, and filed the operative first amended complaint on
December 28, 2017. The FAC asserts causes of action for negligence, negligence per se, and
premises liability.

On October 16, 2018, Defendant filed a notice of stay based upon a bankruptcy proceeding.
(1/16/2018 Notice of Stay.) It appears that the proceedings terminated on January 11, 2023.
(Case No. 18-bk-23537.) Defendant represents that it has “emerg[ed] from Federal proceedings
(bankruptcy).” (MPA, p 2.)

Defendant moves for judgment on the pleadings of Plaintiffs’ second cause of action for
negligence per se. Pla