Judge: Christian R. Gullon, Case: 23PSCV03505, Date: 2024-05-22 Tentative Ruling

Case Number: 23PSCV03505    Hearing Date: May 22, 2024    Dept: O

Tentative Ruling

U-HAUL CO. OF ARIZONA’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT is MOOT because Defendant has been dismissed from the action.

Background

This is a negligence case arising from a motor vehicle accident.

On November 9, 2023, Plaintiff filed suit against Defendants U-Haul Co. of Southern Arizona and U-Haul Co. of California (collectively “U-Haul Defendants”); Eddie Chongham; Glenn Ray Johnson and Ernestina Johnson (collectively, “Johnson Defendants”) for (1) motor vehicle and (2) negligence.

On April 24, 2024, Plaintiff dismissed U-Haul Defendants.

On April 25, 2024, Johnson Defendants filed their answer. That same day, U-Haul of Arizona filed the instant demurrer.

On May 3, 2024, Plaintiff dismissed Chongham.

Discussion

Defendant demurs on the grounds that the complaint is uncertain as it lumps all Defendants making it unclear as to what U-Haul specifically did. Though the court would sustain the demurrer on said grounds, the demurrer is MOOT because Plaintiff has dismissed U-Haul Arizona.

Conclusion

Based on the foregoing, as moving Defendant is no longer a named party in the action, the demurrer is MOOT.