Judge: Maurice A. Leiter, Case: 24STCV03885, Date: 2024-08-16 Tentative Ruling

Case Number: 24STCV03885    Hearing Date: August 16, 2024    Dept: 54

Superior Court of California

County of Los Angeles

 

Vanessa Burgueno,

 

 

 

Plaintiff,

 

Case No.:

 

 

24STCV03885

 

vs.

 

 

[Tentative] Ruling RE:

 

Premium Electronic Solutions, Inc., et al.

 

 

 

Defendants.

 

CROSS-DEFENDANT’S DEMURRER TO CROSS-COMPLAINT

 

Premium Electronic Solutions, Inc.,

 

 

 

Cross-Complainant

 

 

 

vs.

 

 

 

Vanessa Burgueno and ROES 1 through 20, inclusive

 

 

 

Cross-Defendants.

 

 

 

Hearing Date: August 16, 2024

Department 54, Judge Maurice Leiter

Demurrer to Cross-Complainant’s First Cause of Action and Fourth Cause of Action

Moving Party: Cross-Defendant Vanessa Burgueno

Responding Party: Cross-Complainant Premium Solutions, Inc.

 

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing.¿  

 

BACKGROUND

 

Plaintiff Vanessa Burgueno filed this action against Defendants Premium Electric Solution, Inc., and Valentin Garcia. Plaintiff was a service manager who worked for Premium Electric Solution. She claims she was terminated following her complaints about Labor Code violations. Plaintiff also alleges other wage and hour violations.  

 

On June 5, 2024, Premium Electric Solution filed a cross-complaint against Plaintiff.  Plaintiff/Cross-Defendant filed a demurrer on July 3, 2024.

 

Premium Electric Solution filed a First Amended Cross-Complaint on August 13, 2024.

 

Code of Civil Procedure § 472 provides that “[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.”

 

Premium Electric Solution had until August 5, 2024, to file any opposition or amended pleading. It filed a First Amended Cross-Complaint on August 13, 2024. Although untimely, the Court will deem the FACC filed as of today. Cross-Defendant has 30 days to respond.

 

The demurrer is taken off calendar.