Judge: Robert B. Broadbelt, Case: 24STCV07247, Date: 2024-10-24 Tentative Ruling

Case Number: 24STCV07247    Hearing Date: October 24, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Keurig Green Mountain, Inc.       

RESPONDING PARTY:        n/a

(1)   Demurrer to Complaint

(2)   Motion to Strike Portions of Complaint

Defendant Keurig Green Mountain, Inc. (“Defendant”) filed the pending demurrer and motion to strike on June 18, 2024, directed to the Complaint filed by plaintiff Aderiyike Lawal (“Plaintiff”).

Plaintiff timely filed, at least nine court days before the hearing on Defendant’s demurrer and motion to strike, the operative First Amended Complaint in this action.  (Code Civ. Proc., §§ 472, subd. (a) [“A party may amend its pleading once without leave of court . . . 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”], 1005, subd. (b) [all opposition papers shall be served and filed at least nine court days before the hearing].)

Thus, the court finds that Defendant’s demurrer and motion to strike, directed to the superseded Complaint, are moot.  (Hardell v. Vanzyl (2024) 102 Cal.App.5th 960, 968 [“‘Because there is but one complaint in a civil action [citation], the filing of an amended complaint moots a motion directed to a prior complaint’”] [internal citation omitted].)

The court therefore orders that defendant Keurig Green Mountain, Inc.’s demurrer and motion to strike are taken off calendar as moot.

            The court orders defendant Keurig Green Mountain, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  October 24, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court