Judge: Holly J. Fujie, Case: 22STCV34701, Date: 2023-04-26 Tentative Ruling

Case Number: 22STCV34701    Hearing Date: April 26, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Jason Richard Smith (“Moving Defendant”)

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). 

BACKGROUND  

On October 28, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of written contract; and (2) breach of implied covenant of good faith and fair dealing.  Moving Defendant filed individual a demurrer (the “Demurrer”) to the Complaint.  On April 18, 2023, Plaintiff filed a 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 parties are 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 April 2023