Judge: Stephen P. Pfahler, Case: 22CHCV00674, Date: 2023-04-20 Tentative Ruling
Case Number: 22CHCV00674 Hearing Date: April 20, 2023 Dept: F49
Dept.
F-49
Date:
4-20-23
Case
#22CHCV00674
Trial
Date: N/A
DEMURRER
MOVING
PARTY: Defendants, Maurice and Karen Starrantino
RESPONDING
PARTY: Plaintiffs, Triscenic Production Services
RELIEF
REQUESTED
Demurrer
to the Complaint
SUMMARY
OF ACTION
Plaintiff
Triscenic Production Services, Inc. alleges defendants Maurice and Karen
Starrantino entered into a 36-month commercial lease with at a rental rate of
$9,111/month on March 10, 2021, with an expiration date of March 31, 2024. At a
later date, third party Rise, LLC (Rise) negotiated a separate agreement for
license to utilize an unspecified portion of Plaintiff’s premises for $13,500
also with an end date of March 31, 2024.
Plaintiff
alleges Defendants offered their the premises to Rise (presumably for a lower
rental price) and/or making “false or extremely minor complaints” about the
condition of the premises in order to “convince Triscenic to vacate the
premises.” On May 12, 2022, counsel for defendants presented a notice of
cancellation of the lease.
On
August 23, 2022, Plaintiff filed a complaint for Interference with contractual
relations. On March 27, 2023, Plaintiff filed a first amended complaint for
Intentional Interference with Contractual Relations, International Interference
with Prospective Economic Relations, Negligent Interference with Prospective
Economic Advantage, Breach of Contract, Breach of the Implied Covenant of Good
Faith and Fair Dealing.
RULING:
Off-Calendar/Moot
Defendants, submits a demurrer to the complaint for
interference with contractual relations. On March 27, 2023, Plaintiff filed its
first amended complaint without the necessity of leave from the court. (Code
Civ. Proc., § 472, subd. (a).) The amended complaint was timely filed on or
before the opposition due date, thereby rendering the demurrer moot. (Ibid.) The demurrer is therefore taken
off-calendar.
Defendants to give notice.