Judge: Daniel M. Crowley, Case: 24STCV02913, Date: 2024-04-10 Tentative Ruling

Case Number: 24STCV02913    Hearing Date: April 10, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Elias Khoury’s demurrer to Plaintiff Don Barden’s complaint is overruled as moot.

Defendant Elias Khoury’s motion to strike is denied as moot.

Defendant Elias Khoury (“Khoury”) (“Defendant”) demurs to Plaintiff Don Barden’s (“Barden”) (“Plaintiff”) complaint (“Complaint”).  (Notice of Demurrer, pg. i; C.C.P. §§430.10(d), (e), (f).)  Defendant also moves to strike the entire Complaint.  (Notice of Demurrer, pg. i; C.C.P. §435.)[1]

Background

Plaintiff filed his initial Complaint on February 5, 2024.  On March 14, 2024, Plaintiff filed his operative first amended Complaint (“FAC”). 

In light of the fact that Plaintiff filed the operative FAC more than nine court days before the hearing on the instant motion, Defendant’s demurrer to Plaintiff’s Complaint is overruled as moot, and its Motion to Strike Plaintiff’s Complaint is denied as moot.

Conclusion

Khoury’s demurrer to Plaintiff’s Complaint is overruled as moot.

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

Moving Party to give notice.

Dated:  April _____, 2024