Judge: Cynthia A Freeland, Case: 37-2024-00009560-CU-WT-NC, Date: 2024-07-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - July 03, 2024

07/05/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Wrongful Termination Demurrer / Motion to Strike 37-2024-00009560-CU-WT-NC LYNE VS. SAGE DINING SERVICES INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 05/17/2024

Defendant Chris Hart ('Defendant')'s demurrer to Plaintiff Christy Lyne ('Plaintiff')'s Complaint is overruled.

On June 27, 2024, Plaintiff filed a First Amended Complaint (the 'FAC'). See ROA No. 17. The FAC renders the Complaint moot. See JKC3H8 v. Colton (2013) 221 Cal. App. 4th 468, 477 (citing Slymar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal. App. 4th 1049, 1054). The Complaint no longer has any effect as either a pleading or a basis for judgment. See State Compensation Ins. Fund v. Sup. Ct. (2010) 184 Cal. App. 4th 1124, 1130-1131. Accordingly, the court overrules Defendant's demurrer as moot.

In light of the foregoing, the court overrules the demurrer to the Complaint.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, July 5, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of July 5, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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