Judge: David B. Gelfound, Case: 22CHCV00775, Date: 2024-03-21 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assistant in North Valley Department F49, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2249.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org.
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Case Number: 22CHCV00775    Hearing Date: March 21, 2024    Dept: F49

Dept. F49 

Date: 3/21/24

Case Name: Scherriel, et al.

 v. Hermosa Investments LP,

et al.

Case #: 22CHCV00775

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

DEMURRER

Motion filed: 2/28/24

MOVING PARTY: Plaintiffs/Cross-Defendants Cynthia Sherriel and Marco De Dios Gonzalez (“Plaintiffs/Cross-Defendants” or the “moving party”) 

RESPONDING PARTY: N/A 

NOTICE: ok 

RELIEF REQUESTED: An order sustaining without leave to amend Demurrer to the Cross-Complaint filed by Defendant/Cross-Complainant Hermosa Investments, LP, on September 5, 2023.

TENTATIVE RULING: The Demurrer is taken OFF CALENDAR as MOOT.

ANALYSIS

Plaintiffs/Cross-Defendants’ Demurrer to Defendant/Cross-Complainant Hermosa Investments, LP’s Cross-Complaint is taken OFF CALENDAR. (Code Civ. Proc., § 128.) A party is entitled to amend at least once without leave to court at any time before the answer or demurrer is filed; or if after a demur or motion to strike is field, but before the opposition is due on the hearing on the demurrer or motion to strike. (Code Civ. Proc., § 472, subd. (a).)

Defendant/Cross-Complainant Hermosa Investment, LP timely filed a First Amended Cross-Complaint on March 6, 2024, more than nine court days before the hearing for the instant Demurrer. Therefore, the Demurrer is taken OFF CALENDAR as MOOT. 

CONCLUSION

The Demurrer is taken OFF CALENDAR as MOOT.

Moving party is ordered to give notice.