Judge: David B. Gelfound, Case: 23CHCV00319, Date: 2024-07-31 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: 23CHCV00319 Hearing Date: July 31, 2024 Dept: F49
| Dept. F49 |
| Date: 7/31/24 |
| Case Name: Michele Temm, Peyton Temm v. Andriy Ishuninov, and Does 1 to 20 |
| Case No. 23CHCV00319 |
LOS ANGELES SUPERIOR COURT
NORTH VALLEY DISTRICT
DEPARTMENT F49
JULY 31, 2024
DEMURRER, MOTION TO STRIKE
Los Angeles Superior Court Case # 23CHCV02179
Motion filed: 5/29/24
MOVING PARTY: Defendant Andriy Ishuninov (“Defendant”)
RESPONDING PARTY: None
NOTICE: OK
RELIEF REQUESTED: An order sustaining Demurrer and granting Motion to Strike to Plaintiff’s Complaint filed on February 3, 2023.
TENTATIVE RULING: The Demurrer and Motion to Strike are TAKEN OFF CALENDAR as MOOT.
ANALYSIS
Defendant’s Demurrer and Motion to Strike to Plaintiff Michel Temm and Peyton Temm’s Complaint are taken OFF CALENDAR. (Code Civ. Proc., § 128.) A party is entitled to amend its pleading at least once without leave of the court before the answer, demurrer, or motion to strike is filed; or after a demur or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer to motion to strike. (Code Civ. Proc., § 472, subd. (a).)
Plaintiffs timely filed a First Amended Complaint on July 18, 2024, at least nine court days before the hearing for the instant Demurrer and Motion to strike. Plaintiffs attached Proof of Service, demonstrating satisfactory notice to Defendant.
Therefore, the demurrer is taken off calendar as moot.
CONCLUSION
The Demurrer and Motion to Strike are TAKEN OFF CALENDAR as MOOT.
Moving party is ordered to give notice.