Judge: Theresa M. Traber, Case: 24NNCV01566, Date: 2025-02-03 Tentative Ruling
Case Number: 24NNCV01566 Hearing Date: February 3, 2025 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE: February 3, 2025 TRIAL DATE: NOT SET
CASE: BLTN, Inc. v. Templar Transportation Co. et al.
CASE NO.: 24NNCV01566 
DEMURRER TO COMPLAINT
MOVING PARTY: Defendants Laksh Inc. & JROD Brothers, Inc.
RESPONDING PARTY(S): No response on eCourt as of 01/29/25
CASE HISTORY:
05/13/24: Complaint filed.
06/20/24: Case deemed related to Laksh Inc. et al. v. Templar Transp. Co., et al. Case No. 21STCV06333 [lead case].
01/21/25: First Amended Complaint filed.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
This is an action for fraud, breach of contract, and indemnity. Plaintiff alleges that Defendants Templar Transportation Co. and Nazar Karaoglanyan misled Plaintiff regarding existing claims on the rights to provide transportation services to FedEx within specified geographic regions. Plaintiff also alleges that Defendants Templar and Karaoglanyan failed to honor promises to defend and indemnify Plaintiff in the underlying action brought by Laksh Inc. and JROD Brothers, Inc.
Defendants Laksh, Inc. and JROD Brothers, Inc. demur to the original complaint in this action.
TENTATIVE RULING:
Defendants Laksh, Inc. and JROD Brothers, Inc. demur to the original complaint in this action. Defendants filed their demurrer on July 11, 2024. In the interim, the other Defendants Templar Transportation Co. and Nazar Karaoglanyan filed their answer to the Complaint on August 26, 2024. Rather than oppose this Demurrer, Plaintiff filed a First Amended Complaint on January 21, 2025, exactly nine court days before the date of the hearing on this motion—i.e., on the deadline to oppose this demurrer. (Code Civ. Proc. § 1005(b).) Pursuant to Code of Civil Procedure section 472, a party may amend a pleading once as of right after a demurrer has been filed but before the time to oppose the demurrer has run. (Code Civ. Proc. § 472.) Moreover, the filing of an answer by a separate set of defendants does not deprive a plaintiff of the right to amend as to the demurring defendants. (Barton v. Khan (2007) 157 Cal.App.4th 1216, 1220-21.) Plaintiff’s First Amended Complaint therefore moots this demurrer.
Accordingly, Defendants Laksh Inc. & JROD Brothers Inc.’s Demurrer to the Complaint is MOOT.
Moving Parties to give notice.
IT IS SO ORDERED.
Dated: February 3, 2025 ___________________________________
Theresa M. Traber
Judge of the Superior Court
Any party¿may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@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.