Judge: Elaine Lu, Case: 23STCV01914, Date: 2023-08-21 Tentative Ruling

Case Number: 23STCV01914    Hearing Date: August 21, 2023    Dept: 26

Superior Court of California

County of Los Angeles

Department 26

On January 30, 2023, Plaintiffs Manuel Bermudez and Anielka Reyes Silva (jointly “Plaintiffs”) filed the instant breach of habitability action against Defendant Vermont City Lights LP. (“Defendant”).  The complaint asserts ten causes of action for (1) Violation of Civil Code § 1942.4, (2) Tortious Breach of the Warranty of Habitability, (3) Private Nuisance, (4) Business and Professions Code § 17200 et seq., (5) Negligence, (6) Breach of Covenant of Quiet Enjoyment, (7) Intentional Infliction of Emotional Distress, (8) Negligence Per Se, (9) Violation of Consumer Legal Remedies Act, Civil Code § 1750 et seq., and (10) Violation of Los Angeles Municipal Tenant Anti-Harassment Ordinance.

On March 20, 2023, Plaintiffs filed the instant demurrer and motion to strike portions of Defendant’s answer.  Plaintiffs’ Demurrer and Motion to Strike the Complaint is TAKEN OFF CALENDAR AS MOOT.  A party is entitled to amend their pleadings at least once without leave of court before the answer or demurrer is filed; or if a Plaintiff files a demurrer to the answer, no later than when the opposition is due on the hearing on the demurrer.  (CCP § 472(a).)  Moreover, an amended pleading supersedes all prior pleadings.  (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal. App. 4th 1124, 1130-1131.) Defendant filed an amended answer on August 4, 2023 – before the opposition to the instant demurrer was due.  The filing of Defendant’s amended answer is timely and moots the instant demurrer.

Further, on May 30, 2023, the Court ordered Plaintiffs to file and serve a supplemental memorandum by June 13, 2023 identifying – for each affirmative defense to which Plaintiffs demurrer – authority that requires the allegation of new matter and new facts to support such an affirmative defense.  (Minute Order 5/30/23.)  The Court noted that failure to comply would result in the demurrer and motion to strike being taken off calendar.  (Minute Order 5/30/23.)  Plaintiffs failed to file the required supplemental memorandum.  Thus, Plaintiffs’ failure to comply with the Court’s order separately warrants taking the instant motions off calendar.  Further failure to comply with Court orders may result in the respective motions being taken off calendar and sanctions being imposed.  Moreover, if Plaintiffs demurrer to Defendant’s amended answer, Plaintiffs must comply with the Court’s May 30, 2023 order; for each affirmative defense to which Plaintiffs demurrer, Plaintiffs must cite authority that requires the allegation of new matter and new facts to support such an affirmative defense. 

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CONCLUSIONS AND ORDER

The Court finds that Defendant properly filed an Amended Answer.  Accordingly, Plaintiffs Manuel Bermudez and Anielka Reyes Silva’s Demurrer and Motion to Strike Defendant’s Answer is now taken off calendar as MOOT. 

            Moving Parties are to give notice and file proof of service of such.

DATED:  August ___, 2023                                                   ___________________________

Elaine Lu

                                                                                          Judge of the Superior Court