Judge: Holly J. Fujie, Case: 24STCV00622, Date: 2024-05-30 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 24STCV00622    Hearing Date: May 30, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTIES: Defendant Akos Circle dba Renovatio Custom Build (“Defendant”)

RESPONDING PARTY: None  

            The Court has considered the moving papers. No opposition or reply papers were filed.

            On January 9, 2024, Nicholas Astor (“Plaintiff”) filed his Complaint against Akos Circle dba Renovatio Custom Build, et al. for: (1) breach of contract; (2) negligence; (3) negligence; (4) breach of contract; (5) professional negligence; (6) accounting; (7) recission; (8) fraud; (9) disgorgement; (10) action on contractors bonds; and (11) action on disciplinary bond.

            On May 5, 2024, Defendant filed the instant demurrer to Plaintiff’s Complaint (the “Demurrer”) with motion to strike (the “Motion”). 

            On May 21, 2024, Plaintiff filed the operative First Amended Complaint (“FAC”) against the same defendants for the same eleven causes of action.

A plaintiff is entitled to amend at least once without leave to court before the answer or demurrer is filed; or if defendant demurs, before the opposition is due on the hearing on the demurrer. (Code Civ. Proc. § 472, subd. (a).)

Plaintiff filed his FAC on May 21, 2024 and served it on each party on May 15, 2024. While the filing of the FAC was less than nine court days before the hearing for the instant demurrer, Plaintiff served the FAC more than nine court days before the hearing. Therefore, the demurrer is taken off calendar as 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 30th day of May 2024