Judge: Holly J. Fujie, Case: 22STCV18293, Date: 2022-09-26 Tentative Ruling

Case Number: 22STCV18293    Hearing Date: September 26, 2022    Dept: 56

TESSA HOPPENFELD,
 Plaintiff,
 vs. MEIR SHARONY, et al.,
 Defendants.


CASE NO.: 22STCV18293
[TENTATIVE] ORDER RE: PLAINTIFF TESSA HOPPENFELD’S DEMURRER TO ANSWER

8:30 a.m.
 September 26, 2022
Dept. 56

This is an action arising from allegedly uninhabitable conditions of property located at 11214 La Maida St., #B, North Hollywood, CA 91601 (“Property”). On June 6, 2022, Plaintiff Tessa Hoppenfeld filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of implied warranty of habitability/tenantability, (3) breach of implied warranty of quiet enjoyment, (4) negligence, (5) fraud by concealment, (6) violation of the Unfair Competition Law (Cal. Bus. & Prof. Code § 17200, et seq.), and (7) violation of Penal Code § 496.

Demurrer

Plaintiff demurs to each affirmative defense asserted in Defendant’s Answer.

“A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or 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 Civ. Proc.,

§ 472(a).) The filing of an amended pleading moots a motion directed to a prior complaint. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131.)

Defendant filed a timely First Amended Answer on September 12, 2022.

Accordingly, the demurrer to answer is TAKEN OFF CALENDAR AS MOOT.

Plaintiff is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 26th day of September 2022

______________________

Hon. Holly J. Fujie
Judge of the Superior Court