Judge: Daniel M. Crowley, Case: 23STCV02892, Date: 2023-10-25 Tentative Ruling

Case Number: 23STCV02892    Hearing Date: November 21, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant HK Trans LLC’s demurrer, in pro per, to Plaintiff Xchange Logistics Corporation’s complaint is denied as moot.

Defendant’s motion to strike is denied as moot.

Defendant’s motion for judgment on the pleadings is denied as moot.

Defendant HK Trans LLC (“HK Trans”) (“Defendant”), in pro per, demurs to Plaintiff Xchange Logistics Corporation’s (“Xchange”) (“Plaintiff”) complaint (“Complaint”).  (Notice of Demurrer, pgs. 1-2; C.C.P. §§430.10(a), (e).)  Defendant also moves to strike portions of the Complaint.  (Notice of MTS, pgs. 1-12.)

Defendant also moves for judgment on the pleadings of Plaintiff’s Complaint.  (Notice of MJOP, pgs. 1-2.)

A.   Demurrer

Defendant filed its demurrer to Plaintiff’s Complaint on August 14, 2023.  Plaintiff filed the operative first amended complaint (“FAC”) on September 7, 2023. 

Defendant’s demurrer to Plaintiff’s Complaint is denied as moot because it demurs to the original complaint, which is no longer the operative pleading.

Conclusion

Defendant’s demurrer to Plaintiff’s Complaint is denied as moot.

B.    Motion to Strike

In light of the Court’s ruling on the demurrer, Defendant’s motion to strike is denied as moot.

Conclusion

Defendant’s motion to strike Plaintiff’s Complaint is denied as moot.

C.    Motion for Judgment on the Pleadings

In light of the Court’s ruling on the demurrer, Defendant’s motion for judgment on the pleadings is denied as moot.

Conclusion

Defendant’s motion for judgment on the pleadings of Plaintiff’s Complaint is denied as moot.

Dated:  November _____, 2023