TENTATIVE RULING

Calendar:    6

Date:          2/10/2023

Case No: 22 GDCV00946 Trial Date:  None Set 

Case Name: Derboghossian v. Derboghossian, et al.

DEMURRER

Moving Party:             Defendants Hagop Derboghossian, individually and as

Trustee, Haroutyan Derboghossian   

Responding Party:       Plaintiff Hovsep Derboghossian     

ANALYSIS:

Plaintiff filed a First Amended Complaint in this action on January 25, 2023, after the filing of the demurrer, and before the date opposition was due in connection with the demurrer.   

Under CCP § 472:

“(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.  A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation of the parties….”

The pleading here was appropriately amended once without leave of the court, and the demurrer is taken off calendar as moot. 

RULING: 

Demurrer to Complaint is taken off calendar as MOOT in light of the filing on January 25, 2023 of Plaintiff’s First Amended Verified Complaint. 

The parties are reminded of their obligations under CCP § 430.41 (a) in connection with any further challenge to the amended pleading (“If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.”). 

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Please make arrangement in advance if you wish to appear via LACourtConnect/Microsoft Teams by visiting www.lacourt.org to schedule a remote appearance.  Please note that LACourtConnect/Microsoft Teams offers free audio and video appearance. Counsel and parties (including self-represented litigants) are encouraged not to personally appear.  With respect to the wearing of face masks, Department D recognizes that currently, the Los Angeles Department of Public Health strongly recommends masks indoors, especially when interacting with individuals whose vaccination status is unknown; for individuals who have a health condition that puts them at higher risk for severe illness; individuals who live with someone who is at higher risk; and for individuals who are around children who are not yet eligible for vaccines.  In accordance with this guidance, it is strongly recommended that anyone personally appearing in Department D wear a face mask.  The Department D Judge and court staff will continue to wear face masks.  If no appearance is set up through LACourtConnect/Microsoft Teams, or otherwise, then the Court will assume the parties are submitting on the tentative.