Judge: Ralph C. Hofer, Case: 24NNCV04763, Date: 2025-03-07 Tentative Ruling
Case Number: 24NNCV04763 Hearing Date: March 7, 2025 Dept: D
TENTATIVE RULING
Calendar: 3
Date: 3/7/2024
Case No: 24 NNCV04763 Trial Date: None Set
Case Name: Euler Hermes North America Insurance Company v. City Paper Box Co.
MOTION TO DISMISS
Moving Party: Defendant City Box Paper Co.
Responding Party: Plaintiff Euler Hermes North America Insurance Company (No Opposition)
ANALYSIS:
This motion is brought by defendant and cross-complainant City Paper Box Co. seeking to dismiss the complaint based on an argument that plaintiff has failed to join City Paper Box LLC as a party, on the basis that City Paper Box Co. is not the correct defendant and that the correct defendant is not currently a party to the action.
The file shows that since the filing of the motion on January 15, 2025, plaintiff on February 10, 2025 filed an Amendment to Complaint, substituting the true name of City Paper Box LLC for the fictitious name of Doe 1.
On February 10, 2025, plaintiff filed a Request for Dismissal without prejudice of the complaint as to moving defendant City Paper Box Co. only. The dismissal was entered as requested the same date.
Evidently, moving party is satisfied that it need not further participate in this action, as on February 20, 2025, City Paper Box Co. filed a Request for Dismissal without prejudice of the entire cross-complaint filed by City Paper Box Co.
The moving party has obtained a dismissal from the suit, and defendant City Paper Box Co. LLC has been added as a party. The motion to dismiss accordingly is taken off calendar as moot.
RULING:
Motion to Dismiss Complaint, or, in the alternative, to Compel Joinder of Party is taken off calendar as MOOT.
DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE
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