Judge: Michelle C. Kim, Case: 22STCV30927, Date: 2024-05-28 Tentative Ruling

Case Number: 22STCV30927    Hearing Date: May 28, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

LUVLEIGHAN CLARK, 

Plaintiff(s),  

vs. 

 

CITY OF LOS ANGELES, ET AL. 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 22STCV30927 

 

[TENTATIVE] ORDER FINDING DEFENDANT’S DEMURRER TO PRIOR COMPLAINT MOOT 

 

Dept. 31 

1:30 p.m.  

May 28, 2024 

 

On February 14, 2023, plaintiff Luvleighan Clark (“Plaintiff”) filed a Second Amended Complaint (“SAC”) action against defendants City of Los Angeles, Los Angeles County Metropolitan Transportation Authority, and Does 1 through 100 for damages arising from a trip and fall on a sidewalk. The SAC alleges a single cause of action for dangerous condition of public property (Gov. Code § 835, et. seq.). Plaintiff thereafter filed amendments to the complaint naming NREA TRC 700 LLC as Doe 1 on May 9, 2023, but also naming Schindler Elevator Corporation (“Schindler”) as Doe 1 on March 26, 2024.   

 

Schindler filed the instant demurrer, arguing it is not a government entity. However, Schindler directs its demurrer against the four causes of action contained in Plaintiff’s initial complaint, which has long ceased to be the operative complaint. An amended complaint supersedes all prior complaints. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130-31.)  The amended complaint furnishes the sole basis for the cause of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. (Ibid.)  Since there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. (Ibid.)  

  

Accordingly, Schindler’s demurrer to Plaintiff’s original complaint is moot.  

 

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 27th day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court