Judge: Michael Small, Case: 21STCV42748, Date: 2023-11-01 Tentative Ruling

Case Number: 21STCV42748    Hearing Date: April 11, 2024    Dept: 57

 On January 26, 2024, the Court sustained without leave to amend the demurrer of Cross-Defendant Sonia Gonzalez to the Second Amended Cross-Complaint (“SACC”) of Helen Kim Law APC and Helen U. Kim (collectively, “Kim”).    Notwithstanding that ruling, and in direct contravention of it, Kim filed another Cross-Complaint against Gonzalez on February 1, 2024.  On its own motion, the Court is striking Kim’s latest Cross-Complaint against Gonzalez.   The Court is taking that action because the Court’s January 26, 2024 ruling on Gonzalez’s demurrer to the SACC barred Kim from filing another Cross-Complaint against Gonzalez.   In light of the striking of the February 1, 2024 Cross-Complaint, the Court is denying as moot the pending demurrer of Gonzalez to that Cross-Complaint.  Inexplicably, Gonzalez’s pending demurrer  failed to mention that the Court’s ruling on Gonzalez’s demurrer to the SACC prohibited Kim from filing the February 1, 2024 Cross-Complaint.  That Kim would file the February 1, 2024 Cross-Complaint in the face of the Court’s ruling of January 26, 2024 sustaining without leave to amend Gonzalez’s demurrer to the SACC is even more inexplicable.  And it is sanctionable too.