TENTATIVE RULING

Calendar:    11

Date:          04/11/2025

Case No: 24 NNCV05984 Trial Date:  None Set 

Case Name: Russell v. Ralphs Grocery Company, et al.

DEMURRER

MOTION TO STRIKE

Moving Party:               Defendant Universal Protection Service, LP dba Allied Universal Security Services    

Responding Party:         Plaintiff Brennan Louis Russell       

ANALYSIS:

Plaintiff filed and served a First Amended Complaint in this action on March 27, 2025,  after the filing of the demurrer and motion to strike, but before the date on which opposition was due.  

“(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 appropriately was amended once without leave of the court, and the demurrer and motion to strike are taken off calendar as moot. 

RULING: 

Demurrer of Defendant Universal Protection Service, LP dba Allied Universal Security Services to Plaintiff’s Complaint is taken off calendar as MOOT in light of the filing on March 27, 2025 of a First Amended Complaint for Damages. 

Motion of Defendant Universal Protection Service, LP dba Allied Universal Security Services to Strike Portions of Plaintiff’s Complaint is taken off calendar as MOOT in light of the filing on March 27, 2025 of a First Amended Complaint for Damages. 

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.”).  See also CCP §435.5 (a), which provides a similar requirement with respect to motions to strike. 

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org to schedule a remote appearance.  Please note that LACourtConnect offers free audio and video appearances.  Department D is now requiring either live or VIDEO appearances, not audio appearances.  Please note that in the case of video appearances, ADVANCE REGISTRATION IS REQUIRED. 

If no appearance is set up through LACourtConnect, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.