Judge: Daniel M. Crowley, Case: 23STCV08191, Date: 2024-04-29 Tentative Ruling

Case Number: 23STCV08191    Hearing Date: April 29, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Joseph Altman’s unopposed demurrer to Plaintiff Joel Wertman’s first amended complaint is overruled as moot.

Defendant Joseph Altman (“Altman”) (“Defendant”) demurs unopposed to Plaintiff Joel Wertman’s (“Wertman”) (“Plaintiff”) first amended complaint (“FAC”) on the grounds this Court lacks jurisdiction over Altman, Plaintiff’s causes of action against Altman are procedurally improper pursuant to Civil Code §1714.10, the claims asserted are barred by the doctrine of preclusion, the claims are barred by the statute of limitations, and the FAC is uncertain and fails to state facts sufficient to state a cause of action against Altman. (Notice of Demurrer, pgs. 1-2; C.C.P. §430.10(e); CRC, Rule 3.1320.)

Background

Plaintiff filed his initial complaint (“Complaint”) on April 13, 2023, against Altman and Non-moving Defendant Howard Fuchs (“Fuchs”).  Plaintiff filed the operative FAC on January 29, 2024, alleging three causes of action: (1) declaratory relief; (2) declaratory relief; and (3) declaratory relief.

On April 19, 2024, Wertman filed a dismissal of the 1st cause of action and Altman only.  (4/19/24 Request for Dismissal.)

           Altman’s demurrer is overruled as moot based on the fact Wertman dismissed him entirely from this action on April 19, 2024.

Conclusion

Altman’s demurrer to Plaintiff’s FAC is overruled as moot.

Moving Party to give notice.

Dated:  April _____, 2024