Judge: William A. Crowfoot, Case: 21STCV19611, Date: 2022-10-28 Tentative Ruling

Case Number: 21STCV19611    Hearing Date: October 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARIA CRISTINA LOPEZ,

                   Plaintiff(s),

          vs.

 

CARLOS EDMUNDO LOPEZ, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV19611

 

[TENTATIVE] ORDER RE: DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT

 

Dept. 27

1:30 p.m.

October 28, 2022

 

On May 25, 2021, plaintiff Maria Cristina Lopez (“Plaintiff’) filed this action against defendants Carlos Edmundo Lopez, Carlos Lopez Demolition and Hauling, Lopez Hauling, and Jerry Caesar Franco (erroneously sued as “Jerry Ceasar Franco”) (collectively, “Defendants’). 

On September 15, 2022, Defendants filed a demurrer to Plaintiff’s Complaint. 

On October 10, 2022, Plaintiff filed a First Amended Complaint (“FAC”). 

“A party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or 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.  A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties.  The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.”  (Code Civ. Proc., § 472, subd. (a).)

Accordingly, the Demurrer is overruled as MOOT because Plaintiff’s FAC supersedes the original Complaint that the Demurrer challenges. 

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.