Judge: Michael E. Whitaker, Case: 21STCV45761, Date: 2023-01-06 Tentative Ruling

Case Number: 21STCV45761    Hearing Date: January 6, 2023    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

MOTIONS

Plaintiff Danene Morrison (Plaintiff) sued Defendant William Skilbeck as Trustee for the Skilbeck Family Trust Dated 12/22/1997 (Defendant) based on general negligence and premises liability.  Defendant demurs to Plaintiff’s entire First Amended Complaint (FAC).  Plaintiff has not filed an opposition to the demurrer. 

Plaintiff filed Amendments to the FAC on December 28, 2022, seven court-days before the hearing on the motion.  Therefore, the Court finds the demurrer to be moot.    (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”].)

Defendant shall provide notice of the Court’s ruling and file a proof of service of such.