Judge Randolph M. Hammock, Case Number: 24STCV04733, Date: 2024-05-06 Tentative Ruling

Judge: Randolph M. Hammock, Case: 24STCV04733, Date: 2024-05-06 Tentative Ruling

Plaintiff Tammy Woloski is the assignee of a contract for the purchase of vacant land in San Bernardino County. Plaintiff alleges Defendants, as sellers of the property, cancelled the sales agreement and accepted a different offer. Plaintiff asserts causes of action for (1) breach of written contract and (2) declaratory relief.

Defendant Jeffrey Riddell, Trustee of the Jeffrey & Katrina Riddell Living Trust, demurred to the Complaint. On April 19, 2024, Plaintiff filed a First Amended Complaint.

Defendant demurred to the Complaint on the grounds that any assignment to Plaintiff was invalid, and therefore she lacks standing to maintain the action.

On April 19, 2024, within the time to file an opposition to the demurrer, Plaintiff filed a First Amended Complaint. The amended pleading substitutes GMG Development, LLC, the original assignor, as the Plaintiff in this action. Plaintiff also filed a declaration from counsel, Curtis Herron, stating that “Plaintiff, Tammy Woloski, has assigned back to GMG Development, LLC, any and all claims she may have had by virtue of the disputed Assignment.” (Herron Decl. ¶ 3.)

Defendant objected to the First Amended Complaint in its “Notice of Non-Opposition to Demurrer,” stating it is “uncertain and skeptical as to the effect, if any, of the Declaration and the purported amendment.” (2: 7-8.) Defendant therefore asks the court to grant the demurrer in its entirety.

Generally, the filing of an amended complaint within the time to file an opposition to the demurrer renders the demurrer moot. Defendant has not cited any authority demonstrating that the substitution of the new Plaintiff is improper. To the contrary, amendments to complaints are “liberally allowed” to substitute a plaintiff without standing for one with standing. (See, e.g., CashCall, Inc. v. Superior Ct. (2008) 159 Cal. App. 4th 273, 287; see also CCP § 473(a) [“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect…”].)

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept49@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.