Judge: Michael E. Whitaker, Case: 21STCV42301, Date: 2022-08-03 Tentative Ruling

Case Number: 21STCV42301    Hearing Date: August 3, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

Plaintiff Mamie Mitchell sued defendants Alexander R. Baldwin, III (“Baldwin”) and El Dorado Pictures, Inc. (collectively, “Demurring Defendants”) based on injuries Plaintiff alleges she sustained when Baldwin discharged a loaded gun towards Plaintiff.  Demurring Defendants demur to Plaintiff’s first through fourth causes of action in the first amended complaint.  Demurring Defendants also move to strike Plaintiff’s prayer for punitive damages in the first amended complaint. Plaintiff opposes the motion and demurrer.

In its July 14, 2022 Minute Order, the Court sustained the demurrer to the first and second causes of action in Plaintiff’s first amended complaint by defendants Anjul Nigam and Brittany House Pictures, with leave to amend.  (See July 14, 2022 Minute Order.)  The Court ordered Plaintiff to file and serve an amended complaint within 20 days of the hearing, or by August 3, 2022.  

Accordingly, the Court continues the hearing on Demurring Defendants’ demurrer to Plaintiff’s first amended complaint and motion to strike punitive damages from the first amended complaint to September 28, 2022, at 1:30 PM in Department 32 at Spring Street Courthouse, to permit Plaintiff the opportunity to file and serve an amended complaint in compliance with the Court’s July 14, 2022 Minute Order should she so elect. 

If Plaintiff files an amended complaint, then the Court will take Demurring Defendants’ demurrer and motion to strike off calendar as moot.  (See, e.g., People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 506 [“The filing of the first amended complaint rendered [the defendant]'s demurrer moot since an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading”], citation omitted.)

The Clerk of the Court shall provide notice of the Court’s orders.