Judge: Holly J. Fujie, Case: 23STCV15533, Date: 2024-12-17 Tentative Ruling

Case Number: 23STCV15533    Hearing Date: December 17, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:  Defendants Yummy Donuts, Inc. and Lim Horn Ouk (erroneously sued as Jimhorn Book Kwok) (collectively, “Defendants”)

RESPONDING PARTY: None

            On June 21, 2024, Plaintiff Rodrigo Galicia Rivas (“Plaintiff”) filed the original complaint (the “Complaint”) in this action. Defendants filed the instant demurrer (the “Demurrer”) on September 4, 2024. On December 4, 2024, Plaintiff filed a First Amended Complaint (the “FAC”). Proof of service indicates that the FAC was served on Defendants on December 4, 2024 via email.

Pursuant to Code of Civil Procedure (“CCP”) section 472, subdivision (a), Plaintiff was entitled to, as a matter of right, file a first amended complaint as of December 4, 2024, nine court days prior to this hearing. Plaintiff filed the FAC on December 4, 2024. Thus, Plaintiff’s filing of the FAC renders the subject demurrer moot. (CCP § 472 subd. (a); JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.)

            Defendants' Demurrer to the Complaint is MOOT.  

Moving Party 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 17th day of December 2024