SIERRA VS RENAISSANCE
RIC2002756
MOTION FOR ORDER OF DISMISSAL
VILLAGES INC
Tentative Ruling:
The defendant’s motion to dismiss is denied.
Analysis:
The notice of motion (at p. 2) says that the motion is brought pursuant to “Code of Civil
Procedure section 1781(c)(3).” No such statute exists.


Presumably, the defendant intended to invoke Civil Code section 1781. If so, the motion
stillfails. That
section
deals
with
a motion
to dismiss
a class
action
brought
by
a
consumer
pursuant to the Consumers Legal Remedy Act, Civil Code section 1750 et seq. A consumer is
“an individual who seeks or acquires, by purchase or lease, any goods or services for personal,
family,
or
household
purposes.”
(§
1761,
subd.
(d).) This
action
is not
brought
by
a
consumer
seeking relief under the CLRA.