Judge: Kerry Bensinger, Case: 24STCV17691, Date: 2025-01-29 Tentative Ruling

Case Number: 24STCV17691    Hearing Date: January 29, 2025    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

TANISH, INC., et al.,

                   Plaintiff(s),

          vs.

 

EDVIN ELIAZIAN, et al.,

 

                   Defendant(s).

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      CASE NO.: 24STCV17691

 

[TENTATIVE] ORDER RE: DEFENDANTS’ DEMURRERS TO PLAINTIFF’S COMPLAINT

 

Dept. 27

January 29, 2025

 

Plaintiff Tanish, Inc. (“Plaintiff”) filed this trade secrets action against defendants Edvin Eliazian, Rita Zakarian, and Cool Wave HVAC Products Inc. on July 16, 2024.

On August 7, 2024, Plaintiff amended its complaint to name a fourth defendant, Ararat Fallah, as Doe 1.

On October 2, 2024, all four defendants separately demurred to Plaintiff’s complaint.

On December 18, 2024, the Court granted Plaintiff’s ex parte application to continue the hearing dates on defendants’ demurrers and set hearings for all four on this date, January 29, 2024.

On January 15, 2024, its final date to file an opposition to Defendants’ demurrers, Plaintiff filed its now-operative first amended complaint (“FAC”).

“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.” (Code Civ. Proc., § 472(a).)

Defendants’ demurrers are moot. Plaintiff filed a timely first amendment as a matter of right pursuant to Code of Civil Procedure section 472(a). [1] The demurrers are DENIED as moot.

            Plaintiff to give notice. 

 

Dated:   January 29, 2025                              

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[1] Defendants should have taken their demurrers off calendar.