Judge: William A. Crowfoot, Case: 22AHCV00493, Date: 2023-05-08 Tentative Ruling


Case Number: 22AHCV00493    Hearing Date: May 8, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

CHRISTINA WILLIS,

                   Plaintiff(s),

          vs.

 

KUANG FIELDHOUSE, et al.,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00493

 

[TENTATIVE] ORDER RE: DEFENDANTS BRENDA CHANG, LINDA CHANG, AND KUANG FIELDHOUSE’S DEMURRER TO PLAINTIFF’S COMPLAINT

 

Dept. 3

8:30 a.m.

May 8, 2023

 

On November 21, 2022, defendants Brenda Chang, Linda Chang, and Kuang Fieldhouse (collectively, “Defendants”) filed this demurrer to Plaintiff’s complaint.  The demurrer was originally scheduled to be heard on January 27, 2023 but was postponed several times to May 8, 2023. 

On April 25, 2023, Plaintiff filed a First Amended Complaint (“FAC”).  “A party may amend its pleading once without leave of the court at any time . . .  after a demurrer is filed but before the demurrer is heard if the amended complaint, . . . is filed and served no later than the date for filing an opposition to the demurrer.”  (Code Civ. Proc., § 472, subd. (a).)  Plaintiff timely filed the FAC; the FAC supersedes the original complaint and renders Defendants’ demurrer moot.  Accordingly, the demurrer is taken off calendar.  (See People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 506, 148 CR3d 361, 374 [based on former version of CCP § 472].)

Moving party to give notice.

 

Dated this 8th day of May, 2023

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.