Judge: Bruce G. Iwasaki, Case: 23CMCV00583, Date: 2023-10-17 Tentative Ruling
Case Number: 23CMCV00583 Hearing Date: October 17, 2023 Dept: 58
Hearing
Date: October 17, 2023
Case
Name: Duncan v. Duncan
Case
No.: 23CMCV00583 [r/t
22STCV33544)
Matter: Demurrer to Complaint
Moving Party: Defendant Jamilah Duncan
Responding
Party: Plaintiffs Jamisha Duncan and
Jahlil Vigil
Tentative Ruling: The
Demurrer to the first cause of action in the Complaint is
moot.
On April
26, 2023, Plaintiffs Jamisha Duncan and Jahlil Vigil (Plaintiffs) filed a
Complaint for (1.) partition of real property by sale (246 E 135th
St.), (2.) partition of real property by sale (248 E. 136th St.),
(3.) battery, (4.) false imprisonment by deceit, (5.) intentional infliction of
emotional distress, (6.) negligent infliction of emotional distress, (7.)
breach of fiduciary duty, and (8.) defamation.
On
September 12, 2023, Defendant Jamilah Duncan (Defendant) demurred to the first cause
of action in the Complaint on the grounds that this exact cause of action is
pending in the related case, Duncan v. Duncan (LASC Case No. 22STCV33544).
On
October 3, 2023, Plaintiffs dismissed the first cause of action in the
Complaint. On the same day, Plaintiffs filed a limited opposition to the
demurrer on the grounds that the matter is moot as a result of the dismissal.
No reply was filed.
Once Plaintiffs dismissed the first cause of
action, the Court could no longer grant any effective relief on Defendant’s
demurrer. (Vernon v. State (2004) 116 Cal.App.4th 114, 120 [an issue is moot
when no effective relief can be granted]; MaJor v. Miraverde Homeowners
Assn. (1992) 7 Cal.App.4th 618, 623 [plaintiff's motion for injunction
rendered moot by sustaining of demurrer to plaintiff's sole cause of action].)
The matter is moot.
Conclusion
The Demurrer to the first cause of action in the Complaint is moot.