Judge: Michael Shultz, Case: 24STCV19912, Date: 2025-01-24 Tentative Ruling

DEPARTMENT 40 - MICHAEL J. SHULTZ  - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 24STCV19912    Hearing Date: January 24, 2025    Dept: 40

24STCV19912 Jose Jesus Licea v. P & M Solutions, LLC 

[TENTATIVE] ORDER TAKING OFF CALENDAR THE HEARING ON DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT

      The hearing on Defendant’s demurrer to Plaintiff’s complaint is taken off calendar as Plaintiff filed a first amended complaint on January 10, 2025, on the date Plaintiff’s opposition was due. (Code Civ. Proc., § 1005, § 472 subd (a).) As the amended pleading supersedes the original complaint, the demurrer is rendered moot. (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1035 ["An amended pleading supplants (i.e., entirely replaces) the prior pleading and it, standing alone, contains all the plaintiff's allegations and requests for relief.”].)