Judge: Thomas D. Long, Case: 22STCV08175, Date: 2022-09-27 Tentative Ruling

Case Number: 22STCV08175    Hearing Date: September 27, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 7, 2022, Plaintiffs Nina Corbett and Mark Juric filed this action against Defendants Aten Enterprises, Zane Tatum, Peter Martinez, Sharp Glass, John Domima, Atlantic Hardwood Floors, Universal Tile and Marble, Duchateau (erroneously sued as Du Chateau American Vernal), Gustavo (Last Name Unknown), and Francisco (Last Name Unknown).

On August 1, 2022, Duchateau filed a demurrer to the eighteenth through twenty-fourth causes of action.  Plaintiffs did not file an opposition.

On September 20, 2022, Duchateau filed a reply stating that its counsel and Plaintiffs’ counsel stipulated to treating the demurrer as sustained with leave to amend.  The parties also stipulated that they will engage in good faith settlement discussions, and they request that Plaintiffs have 15 days to amend the complaint starting on the day either party provides notice in writing to the other party that settlement discussions have failed.

Accordingly, the demurrer is SUSTAINED with leave to amend.  However, despite the parties’ agreement, the Court will order a deadline for amendment.  (See Code Civ. Proc., § 438, subd. (h)(2); California Rules of Court, rule 3.1320 (g).)  Plaintiffs may file an amended complaint within 30 days of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 27th day of September 2022