Judge: Holly J. Fujie, Case: 22STCV37781, Date: 2023-04-21 Tentative Ruling

Case Number: 22STCV37781    Hearing Date: April 21, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTIES: Defendants: (1) Stephen Kramer (“Kramer”); (2) Andrew Lengel (“Mr. Lengel”); and (3) Carol Lengel (“Ms. Lengel”) (collectively, “Moving Defendants”)

            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 December 2, 2022, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) financial elder abuse; (2) conspiracy; and (3) legal malpractice.  Moving Defendants filed individual demurrers (collectively, the “Demurrers”) to the Complaint.  On April 6, 2023, Plaintiffs filed a first amended complaint (the “FAC”).

            Given that the FAC is now the operative pleading, the Demurrers are MOOT and are 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 21st day of April 2023