Judge: Teresa A. Beaudet, Case: 22STCV06221, Date: 2023-04-19 Tentative Ruling

Case Number: 22STCV06221    Hearing Date: April 19, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On February 18, 2022, Plaintiff Lois Agbogwu (“Plaintiff”) filed the instant action against Defendants Cheche David Momodu aka David Shaka and Oluwatobi Babalola.

On June 8, 2022, Cheche David Momodu and Oluwatobi Babalola (jointly, “Cross-Complainants”) filed a Cross-Complaint against Plaintiff.

On August 11, 2022, Cross-Complainants filed the operative First Amended Cross-Complaint, asserting cause of action for (1) trespass, (2) private nuisance, (3) assault and battery, (4) intentional infliction of emotional distress, (5) implied indemnity, (6) implied partial indemnity, (7) contribution, and (8) declaratory relief.

Plaintiff now demurs to the Cross-Complaint. Cross-Complainants oppose.

Discussion

As an initial matter, as Cross Complainants note, Plaintiff’s demurrer concerns the original Cross-Complaint. Plaintiff’s demurrer states, inter alia, that Plaintiff demurs to the “Cross-Complaint of Defendant and Cross-Complainant Cheche David Momodu…and Defendant and Cross-Complainant Oluwatobi Babalola.” (See Notice of Demurrer.) Plaintiff’s demurrer also states that “[t]his Demurrer is made on the grounds that First through Sixth causes of action of Defendants’ Cross-Complaint fails to state sufficient facts to constitute any cause of action against Plaintiff Agbogwu.” (Ibid.) The original Cross-Complaint asserts six causes of action, while the operative First Amended Cross-Complaint asserts eight causes of action.

Because Cross-Complainants’ operative cross-complaint is the First Amended Cross-Complaint, Plaintiff’s demurrer to the original Cross-Complaint is moot.

DATED:  April 19, 2023                                ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court