Judge: Michael P. Linfield, Case: 22STCV28971, Date: 2023-03-17 Tentative Ruling

Case Number: 22STCV28971    Hearing Date: March 17, 2023    Dept: 34

SUBJECT:         Demurrer and Motion to Strike

Moving Party:  Defendant Maclay Healthcare LLC

Resp. Party:    None

TENTATIVE RULING:

Defendant’s Demurrer is OVERRULED as moot. Defendant’s Motion to Strike is DENIED as moot. 

BACKGROUND:

On September 6, 2022, Plaintiff Fernando Ovalles filed his Complaint against Defendant Maclay Healthcare LLC on various causes of action regarding violations of the Fair Employment and Housing Act (“FEHA”), the Labor Code, and the Unfair Competition Law.

On February 17, 2023, Defendant filed its Demurrer and Motion to Strike. Defendant concurrently filed its Proposed Order.

On March 7, 2023, Defendant filed its Notice of Plaintiff’s Non-Opposition.

On March 8, 2023, Plaintiff filed his First Amended Complaint.

ANALYSIS:

On February 17, 2023, Defendant filed its Demurrer and Motion to Strike to Plaintiff’s Complaint. On March 8, 2023, Plaintiff filed his First Amended Complaint. Thus, Defendant’s Demurrer and Motion to Strike are moot.

The Court OVERRULES as moot Defendant’s Demurrer and DENIES as moot Defendant’s Motion to Strike.

CONCLUSION

Defendant’s Demurrer is OVERRULED as moot. Defendant’s Motion to Strike is DENIED as moot.