Judge: Michelle C. Kim, Case: 21STCV00972, Date: 2023-10-11 Tentative Ruling

Case Number: 21STCV00972    Hearing Date: December 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

DANIELLE HEMPLE, 

Plaintiff(s),  

vs. 

 

BRISTOL FARMS, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV00972 

 

[TENTATIVE] ORDER FINDING DEMURRER TO THIRD AMENDED COMPLAINT MOOT 

 

Dept. 31 

1:30 p.m.  

December 11, 2023 

 

Defendant Bristol Farms (“Defendant”) filed this demurrer on November 9, 2023, directed at Plaintiff Danielle Hemple’s (“Plaintiff”) Third Amended Complaint (“TAC”).  

 

On October 11, 2023, the Court denied Plaintiff’s motion for leave to file a TAC against Defendant. However, the October 11, 2023 minute order mistakenly stated that Plaintiff’s motion to file a TAC was granted. On December 7, 2023, the Court issued a Nunc Pro Tunc Order to correct the clerical error with the following amendment: “The Motion for Leave to Amend PLAINTIFF, DANIELLE HEMPLE’S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AGAINST DEFENDANT, BRISTOL FARMS; filed by Danielle Hemple on 07/28/2023 is Denied.” 

 

Therefore, because Plaintiff was not given leave to file a TAC and no TAC was actually filed, Defendant’s demurrer is moot and taken off-calendar.  

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 8th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court