Judge: Lee S. Arian, Case: 22STCV35170, Date: 2025-01-31 Tentative Ruling

Case Number: 22STCV35170    Hearing Date: January 31, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

TERESA VILLALBA

                        Plaintiff,

            vs.

 

CITY OF LOS ANGELES, et al

 

                        Defendants.

 

 

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    CASE NO.: 22STCV35170

 

[TENTATIVE RULING] DEMURRER IS MOOT AS DENIED

 

Dept. 27

1:30 p.m.

January 31, 2024

 

Under CCP § 472(a), a party may amend its pleading once without leave of the court at any time before an answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the hearing, provided that the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.

An amended complaint supersedes the original complaint. (See State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) “The amended complaint furnishes the sole basis for the cause of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment.” (Id. at 1131.)

On November 3, 2022, Plaintiff filed the original complaint; however, Defendants were not served until November 4, 2024.

On January 2, 2025, Defendant County of Los Angeles filed a demurrer, with a hearing set for January 31, 2025.

On January 17, 2025, Plaintiff did not oppose the demurrer and instead filed an amended complaint.

Under CCP § 1005(b), the opposition due date was January 17, 2025. Because the amended complaint was filed before this deadline, it was timely. As a result, the demurrer is now moot.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

 

 

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court