Judge: Kerry Bensinger, Case: 23STCV23219, Date: 2024-02-15 Tentative Ruling

Case Number: 23STCV23219    Hearing Date: March 13, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      March 13, 2024                                             TRIAL DATE:   Not set

CASE:                         Aaron Birt v. Cali Movers, et al.

CASE NO.:                 23STCV23219

DEMURRERS WITHOUT MOTIONS TO STRIKE

MOVING PARTY:               Defendant Monica Nicole Laborico

                                                Defendant Jay Beckett

                                                Defendant Oswaldo Flores

RESPONDING PARTY:     No opposition

            On March 15, 2023, Plaintiff, Aaron Birt, a self-represented litigant, filed a Judicial Council Form Complaint against Defendants, Cali Movers, Jay Beckett (“Beckett”), Monique Laborico, erroneously sued as Nickie Laborico (“Laborico”), Juan C. Becerra, and Oscar Flores for breach of contract.

            On June 15, 2023, Plaintiff filed a First Amended Complaint (FAC) Defendants, Cali Movers, Juan C. Becerra dba Cali Movers (“Becerra”), and Oscar Flores dba Cali Movers (“Flores”) only.

            On July 25, 2023, defendants Beckett, Laborico, and Flores each filed a demurrer to the FAC.

            On October 24, 2023, Plaintiff filed an amendment to the FAC indicating Defendants Beckett, Laborico, Becerra, and Flores were incorrectly named and that the true name of the defendant is Cali Movers, Inc.

            On December 20, 2023, the court granted Plaintiff’s ex parte application to file a first amended complaint deleting the individual defendants’ names and replacing their names with the name of the company.

            On December 21, 2023, Plaintiff filed the FAC naming Cali Movers, Inc., and Does 1-4, as the sole defendants in this action. 

“A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.” (Code Civ. Proc., § 472, subd. (a).)

Given that Plaintiff has filed an amended complaint which no longer names any individuals as defendants in this action, the demurrers filed by Beckett, Laborico, and Flores are MOOT.

Clerk of the Court to give notice. 

Dated:   March 13, 2024