Judge: Frank M. Tavelman, Case: 22BBCV00418, Date: 2022-10-07 Tentative Ruling

Case Number: 22BBCV00418    Hearing Date: October 7, 2022    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

DEMURRER WITH MOTION TO STRIKE SECOND AMENDED COMPLAINT

MP:     MDK International (Defendant)        

RP:      Kevin Jackson (Plaintiff)

CASE HISTORY:

On June 6, 2022, Kevin Jackson (“Plaintiff”) filed a complaint against MDK International (“MDK) and Hudson Insurance Company (“Hudson”) alleging a violation of the Consumer Legal Remedies Act and Claim Against Dealer Bond.  Defendant Hudson Insurance Company filed an answer on July 8, 2022, Defendant MDK filed a demurrer on August 9, 2022 and Plaintiff filed an amended complaint on September 22, 2022.

ANALYSIS:

I.          LEGAL STANDARD

Code of Civil Procedure §472(a) states in part, “A party may amend its pleading … after a demurrer 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 or motion to strike. 

Code of Civil Procedure §1005(b) opposition to a demurrer must be filed and served at least nine court days prior to the hearing.

II.        MERITS

With the Plaintiff having filed an amended complaint within the statutory time set forth in CCP §472(a), the Demurrer is premature as it applies to the original complaint.

IV.       CONCLUSION

The Demurrer is off calendar as moot.

--

RULING:

The Court having reviewed the parties’ filed papers, as well as considered the oral arguments in court makes the following order:

ORDER

Defendant Samuel’s Demurrer came on regularly for hearing on October 7, 2022, 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 OFF CALENDAR AS MOOT.  THE CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOVEMBER 3, 2022 AT 8:30 A.M. IN PASADENA DEPT. P REMAINS.

PLAINTIFF TO GIVE NOTICE UNLESS OTHERWISE WAIVED.

IT IS SO ORDERED.

DATE: October 7, 2022         _______          F.M. TAVELMAN, Judge

                                                                        Superior Court of California

County of Los Angeles