Judge: David B. Gelfound, Case: 22CHCV01311, Date: 2024-03-27 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: 22CHCV01311    Hearing Date: March 27, 2024    Dept: F49

Dept. F49 

Date: 3/27/24

Case Name: Mary E. Meraz

 v. General Motors LLC, and

Does 1-10

Case #: 22CHCV01311

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

DEMURRER

Motion filed: 9/7/23

MOVING PARTY: Defendant General Motors LLC (“GM” or the “Moving Party”)

RESPONDING PARTY: N/A 

NOTICE: ok 

RELIEF REQUESTED: An order sustaining without leave to amend Demurrer to the Second Amended Complaint (“SAC”) filed by Plaintiff Mary E. Meraz (“Plaintiff”) on August 8, 2023.

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

ANALYSIS

Defendant’s Demurrer to Plaintiff’s SAC is taken OFF CALENDAR. (Code Civ. Proc., § 128.) A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. (Code Civ. Proc., § 472, subd. (a).) The filing of an amended complaint pursuant to Code of Civil Procedure Section 472 renders moot a demurrer addressing the superseded pleading because it "ceases to perform any function as a pleading."   Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal. App. 4th 1049, 1054.

On March 12, 2024, Plaintiff and Defendant filed their joint Stipulation and Order to file a Third Amended Complaint (“TAC”), which the Court subsequently granted, allowing Plaintiff leave to file the TAC. Based on the granted joint stipulation, the Demurrer is taken OFF CALENDAR as MOOT. 

CONCLUSION

The Demurrer is taken OFF CALENDAR as MOOT.

Moving party is ordered to give notice.