Judge: Holly J. Fujie, Case: 22STCV22542, Date: 2022-10-25 Tentative Ruling

Case Number: 22STCV22542    Hearing Date: October 25, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendants

RESPONDING PARTY: Plaintiff

The Court has considered the moving and opposition papers. 

BACKGROUND

This action arises out of a dispute over real property.  The currently operative complaint (the “Complaint”), filed on July 13, 2022, alleges: (1) fraud; (2) emotional distress; and (3) punitive damages. 

On August 12, 2022, Defendants filed a demurrer (the “Demurrer”) to the Complaint.  On October 13, 2022, the Court granted Plaintiff’s motion for leave to file a first amended complaint.  The Court granted Plaintiff 10 days to file the proposed first amended complaint (the “FAC”).  Given that the FAC is now the operative pleading, the Demurrer is MOOT and is taken off-calendar.  (See JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.) 

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person.  The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.  This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

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 25th day of October 2022