TENTATIVE RULING

Calendar:    13

Date:          10/20/2023

Case No: 23 GDCV01335    Trial Date:  None Set 

Case Name: Shumate v. Glendale II Mall Associates, LLC and dba Glendale Galleria, et al. 

DEMURRER

Moving Party:               Defendant Broadway & Central Holding Co., LLC 

Responding Party:         Plaintiff Rich Shumate   

ANALYSIS:

Plaintiff filed a Request for Dismissal without prejudice of the complaint as to “All parties, except Glendale II Mall Associates, LLC” on October 4, 2023, evidently in response to the demurrer, which is brought by one of the other two named defendants.  The dismissal was entered as requested on October 5, 2023, so the moving defendant has been dismissed.    

Under CCP section 581 (b)(1), an action may be dismissed “upon written request of the plaintiff to the clerk…at any time before the actual commencement of trial.” 

Since the demurrer is directed only to a pleading which has been dismissed as to the moving defendant the demurrer is taken off calendar as moot. 

RULING: 

[No Opposition]

Defendant Broadway & Central Holding Co., LLC’s Demurrer to Plaintiff’s Complaint is TAKEN OFF CALENDAR AS MOOT in light of the entry on October 5, 2023, of dismissal without prejudice of the Complaint as to the moving defendant. 

  DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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