Judge: Lee W. Tsao, Case: 23NWCV03063, Date: 2024-07-30 Tentative Ruling

Case Number: 23NWCV03063    Hearing Date: July 30, 2024    Dept: C

Phillips & Rickards vs American Federation of State, County and Municipal Employees District Council 36

Case No.: 23NWCV03063

Hearing Date: July 30, 2024 @ 10:30

#8

Tentative Ruling

Cross-Defendants Theodora McKenna and Maribel Alvarenga’s Demurrer is MOOT.

Cross-Complainant to give notice.

Background

On September 26, 2023, Plaintiff Phillips & Rickards, a law firm, filed a complaint for damages against Defendant American Federation of State, County and Municipal Employees District Council 36 alleging (1) Breach of Contract; (2) Quantum Meruit; and (3) Declaratory Relief.

On December 15, 2023, Defendant/Cross-Complainant American Federation of State, County and Municipal Employees District Council 36 filed a Cross-Compliant against Cross-Defendants Theodorah McKenna, Letecia Munguia, and Maribel Alvarenga. 

On April 23, 2024, Cross-Defendants McKenna and Alvarenga filed the instant Demurrer.

On May 30, 2024, Defendant/Cross-Complainant American Federation of State, County and Municipal Employees District Council 36 filed an Amended Cross-Complaint.

Legal Standard

When an amended complaint is filed in response to a demurrer before the hearing on the demurrer, that hearing should be taken off calendar because the amended complaint supersedes the complaint to which the demurrer was directed. (People ex rel Strathmann v Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505–506.)

Discussion

On April 23, 2024, Cross-Defendants filed the Demurer without a Motion to Strike. On May 30, 2024, Cross-Complainant field an Amened Cross-Complaint. On the same date, Cross-Defendants filed an Answer to the Cross-Complaint. 

Since an amended Cross-Complaint has been filed and an answer has been received the Court finds that this hearing is MOOT and taken off-calendar.