Judge: Kevin C. Brazile, Case: BC623542, Date: 2023-01-12 Tentative Ruling

Hearing Date: January 12, 2023

Case Name: Ware, et al. v. Arrington Jr., et al.

Case No.: 22STCV04773

Matter: Demurrer; Motion to Strike

Moving Party: Plaintiffs/Cross-Defendants Shona Latrece Ware, Justin Heard, Maliyah

McLin, and Xzavier McLin

Responding Party: Defendant/Cross-Complainant Phillip F. Arrington Jr., as Trustee of The

Phillip Arrington Jr. Trust

Notice: OK

Ruling: The Demurrer is overruled as moot.

The Motion to Strike is denied as moot.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On August 15, 2022, Phillip F. Arrington Jr., as Trustee of The Phillip Arrington Jr. Trust, filed a Cross-Complaint.

On September 13, 2022, Plaintiffs/Cross-Defendants Shona Latrece Ware, Justin Heard, Maliyah McLin, and Xzavier McLin filed a Demurrer and Motion to Strike as to the Cross-Complaint with a hearing set for December 7, 2022.  

On December 6, 2022, Arrington attempted to file a First Amended Cross-Complaint (“FACC”).

On December 7, 2022, the Court continued Cross-Defendants’ Demurrer and Motion to Strike hearing to January 12, 2023, and stated that “[a]ny opposition is due pursuant to code.”

On December 8, 2022, given that the Demurrer and Motion to Strike had been continued, the Court accepted the FACC filed on December 6, 2022.

Per Code Civ. Proc. § 472(a) and the continued hearing date, Arrington timely filed the FACC in response to Cross-Defendants’ Demurrer and Motion to Strike.

As an amended pleading was filed, the Demurrer and Motion to Strike are overruled/denied as moot.   

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.