Judge: Ashfaq G. Chowdhury, Case: 23GDCV00457, Date: 2024-10-24 Tentative Ruling

Case Number: 23GDCV00457    Hearing Date: October 24, 2024    Dept: E

Case No: 23GDCV00457
Hearing Date:  10/24/2024 – 8:30am

Trial Date: UNSET

Case Name: KATHLEEN K. ROWELL; JOHN D. ROWELL; JDR LAW, INC. v. AMANDA CANALES aka AMANDA MEEK; CAPITAL ONE, N.A. dba CAPTIAL ONE; T-MOBILE USA INC., a Delaware Corporation, dba T-MOBILE; and DOES 1-100 inclusive

TENTATIVE RULING ON DEMURRER

TENTATIVE RULING
On 3/7/2023, Plaintiffs – Kathleen K. Rowell; John D. Rowell; and JDR Law, Inc. – filed an action against Defendants – Amanda Canales aka Amanda Meek; Capital One, N.A. dba Capital One; T-Mobile USA Inc., a Delaware Corporation, dba T-Mobile; and Does 1-100 inclusive.

On 8/2/2024, a Joint Notice of Conditional Settlement Pursuant to California Rule of Court 3.1385 was filed. This conditional settlement was between Plaintiffs and Defendant, T-Mobile USA, Inc. Both parties’ counsel signed the document, and the Court signed the document.

On 9/16/2024, this Court heard an Order to Show Cause Re: Dismissal (Settlement). The matter was called for hearing and the Court ruled as follows:

The Court and counsel confer regarding the status of the case.

Order to Show Cause Re: Dismissal (Settlement) is continued to 11/19/24 at 08:30 AM in Department E at Glendale Courthouse.

Notice is waived.

(9/16/2024 Min. Order.)

On 9/30/24, Defendant, T-Mobile USA, Inc. (T-Mobile) filed a notice of demurrer, memorandum, declaration, and proposed order. T-Mobile demurred to all causes of action asserted against T-Mobile.

On 10/11/2024, Plaintiffs’ counsel, John D. Rowell, filed and signed a Request for Dismissal to dismiss the action without prejudice as to the Complaint as to Defendant T-Mobile, USA., Inc. In this Request for Dismissal, it appears that the Court entered dismissal on 10/14/2024 as to T-Mobile, USA, Inc.

Therefore, in light of Defendant T-Mobile being dismissed, it appears as if T-Mobile’s demurrer is MOOT.