Judge: Jon R. Takasugi, Case: 23VECV05263, Date: 2024-04-05 Tentative Ruling

Case Number: 23VECV05263    Hearing Date: April 5, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

On 11/28/2023, Plaintiff Wen Xie (Plaintiff) filed suit against Ravinders S. Grewal, Glenwind Enterprises, Inc., Happy Day, Inc., the Law Office f/k/a Mendlovitz/Foster Lawyers as successors-in-interest to the Law Offices of Mendlovitz & Sanchez, alleging: (1) breach of written contract; (2) conversion; (3) promissory estoppel; (4) imposition of constructive trust; and (5) declaratory relief.

On 1/30/2024, Defendant Michael A. Foster (Defendant) demurred to Plaintiff’s Complaint.

Discussion

            Defendant argues that Plaintiff’s fourth and fifth causes of action (the only claims asserted against Defendant here) are moot.

            Plaintiff’s Complaint concedes that “once [Defendant] ha[s] deposited the original stock certificates into the Court's trust or 3rd party escrow, [Defendant] would have no further obligations owed in connection with this litigation.” (Complaint, ¶65.)

            Here, on 11/21/2023, Defendant filed a complaint to interplead the Stock Certificates with the Court and has disclaimed all interest in the Stock Certificates. (See, Concurrently Filed Request for Judicial Notice (“RJN”), Exh. 1 [Complaint in Case No. 23STCV28588].) As such, the relief sought Plaintiff—i.e., an order compelling Defendant to deposit with the Court or other approved 3rd party escrow holder the Stock Certificates—has already been performed by Defendant. “A case becomes moot when a court ruling can have no practical impact or cannot provide the parties with effective relief.” (Simi Corp. v. Garamendi (2003) 109 Cal.App.4th 1496, 1503.)

RGC Gaslamp, LLC v. Ehmcke Sheet Metal Co., Inc. (2020) 56 Cal.App.5th 413 (RGC) is instructive. There, a subcontractor filed a mechanic’s lien on a luxury hotel project, prompting the project owner to sue for quiet title, among other causes of action. (Id., at p. 417.) After the project owner filed his complaint, the subcontractor withdrew the mechanic’s lien. (Id., at p. 432.) The court determined that since the subcontractor released the lien, the project owner’s cause of action for quiet title was moot. (Id., at p. 433.) Here, in the same way, Plaintiff’s claims 4 and 5 against Defendant are now moot, as Defendant has filed a complaint to interplead the Stock Certificates with the Court and has disclaimed all interest in the Stock Certificates. (RJN, Exh. 1 [Complaint in Case No. 23STCV28588].)

            Based on the foregoing, Defendant’s demurrer is sustained, without leave to amend.

It is so ordered.

Dated:  April    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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