Judge: Frank M. Tavelman, Case: 20BBCV00479, Date: 2023-03-17 Tentative Ruling


SUBMITTING
ON THE TENTATIVE



The Court tries to post tentative rulings prior to any
hearing on many matters, but not all.  If
the parties wish to submit on the tentative ruling and avoid a court
appearance, all counsel must confer and agree to do so.   Each counsel must contact the court and
advise they are submitting on the matter, that they have spoken to opposing
counsel who has indicated they too are submitting and will be calling the
court. All submitting counsel must call Dept A by 9:00 a.m. on the day of the
hearing and state that all parties will submit on the tentative ruling or in lieu
may indicate the party is submitting during calendar check-in and notice of the
ruling must be served as indicated in the tentative. If any party declines to
submit on the tentative ruling, then no telephone call is necessary, and all
parties should appear at the hearing in person or remotely.



 



Case Number: 20BBCV00479    Hearing Date: March 17, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

 

TENTATIVE RULING

MARCH 17, 2023

 

DEMURRER

Los Angeles Superior Court Case # 20BBCV00479

 

MP:  

Erma L. Miller (Plaintiff)  

RP:  

None

 

On August 05, 2020, Erma L. Miller, by and through her Guardian Ad Litem LB Stites (“Plaintiff”), filed suit against Matt Flynn, Bill Gomez, Assistant 1, Assistant 2, and State Farm General Insurance Company (collectively “Defendants”). On January 3, 2022, Plaintiff filed her Third Amended Complaint (“3AC”) adding Jerry Paredes (“Paredes”) as a defendant.  Paredes filed his answer to the 3AC.

 

 

Plaintiff demurred Paredes’ answer to the 3AC; thereafter, on March 3, 2023, Parades filed an amended answer. Plaintiff has demurrered to the amended answer, with hearing set for June 23, 2023.  

 

With the filing of Paredes’ amended answer, Plaintiff’s demurrer to the previous answer is now moot.  The motion is off calendar. 

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RULING:

 

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

 

ORDER 

 

Erma L. Miller’s Demurrer came on regularly for hearing on March 17, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

 

THE DEMURRER IS MOOT. THE MOTION IS REMOVED FROM THE CALENDAR 

 

ALL EXISTING DATES REMAIN.

 

PLAINTIFF TO GIVE NOTICE, UNLESS ALL PARTIES WAIVE NOTICE.

 

IT IS SO ORDERED. 

 

DATE:  MARCH 17, 2023                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles