Judge: Robert B. Broadbelt, Case: 23STCV28303, Date: 2025-05-06 Tentative Ruling
Case Number: 23STCV28303 Hearing Date: May 6, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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May
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[tentative]
Order RE: plaintiffs’ demurrer to answer |
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MOVING PARTIES: Plaintiffs Danaya Franklin,
Kennisha Carey, Tysen Knight, Lauren Mangione, Kevin Moss, Brandon Lesane,
Blake Johnson, and Charity Racaniello
RESPONDING PARTY: Unopposed
Demurrer to Answer
Plaintiffs Danaya Franklin, Kennisha Carey, Tysen Knight, Lauren
Mangione, Kevin Moss, Brandon Lesane, Blake Johnson, and Charity Racaniello
(“Plaintiffs”) filed the operative First Amended Complaint in this action
against defendant Reliant Real Estate Management, Inc. (“Defendant”) on July 5,
2024.[1]
Defendant filed its Answer to Plaintiffs’ First Amended Complaint on
August 6, 2024.
On August 20, 2024, Plaintiffs filed the pending demurrer to
Defendant’s answer, which was set for hearing on December 31, 2024. (Aug. 20, 2024 Dem., pp. 1:20-22, 2:4-13.) On December 12, 2024, the court issued an
order continuing the hearing on Plaintiffs’ demurrer from December 31, 2024 to
May 6, 2025. (Dec. 12, 2024 Minute
Order, p. 1.)
On December 16, 2024, Defendant filed its operative amended answer to
the First Amended Complaint. (Dec. 16,
2024 Def. Amended Answer; Code Civ. Proc., § 472, subd. (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”].)
Because Defendant filed an amended answer to the First Amended
Complaint, its initial answer has been superseded thereby, and Plaintiffs’
demurrer to Defendant’s initial answer is moot.[2] (State Compensation Ins. Fund v. Superior
Court (2010) 184 Cal.App.4th 1124, 1130 [amended pleading supersedes the
original pleading], 1131 [the filing of an amended pleading moots a motion
directed to a prior pleading].) The
court therefore takes off calendar Plaintiffs’ demurrer to Defendant’s answer
as moot.
ORDER
The court orders that plaintiffs
Danaya Franklin, Kennisha Carey, Tysen Knight, Lauren Mangione, Kevin Moss,
Brandon Lesane, Blake Johnson, and Charity Racaniello’s demurrer to answer is
taken off calendar as moot.
The court directs the clerk to give
notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court
[1] On
March 18, 2024, the plaintiffs filed a request for dismissal of the Complaint
as filed by plaintiffs Tiffany Coffman, Jaime Castaneda, Adriel Sanders, Bianca
Quezada, Amaris Cleveland, and Daniel Cleveland. (Mar. 18, 2024 Req. for Dismissal, ¶ 1.) The clerk dismissed those plaintiffs pursuant
to that request on March 21, 2024. (Id.,
¶ 5.) Further, on October 10, 2024, the
plaintiffs filed a request for dismissal of the Complaint as filed by plaintiff
Alberto Ramirez. (Oct. 10, 2024 Req. for
Dismissal, ¶ 1.) The clerk dismissed that
plaintiff pursuant to that request on October 11, 2024. (Id., ¶ 5.)
[2] Plaintiffs
filed a demurrer to Defendant’s amended answer on December 30, 2024, which is
set for hearing on May 22, 2025.