Judge: William A. Crowfoot, Case: 22STCV29256, Date: 2022-12-27 Tentative Ruling

Case Number: 22STCV29256    Hearing Date: December 27, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ASHLEY WEBB,

                   Plaintiff(s),

          vs.

 

ADRANIK ALIKYAN, et al.,

 

                   Defendant(s).

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     CASE NO.:  22STCV29256

 

[TENTATIVE] ORDER RE: DEFENDANTS’ DEMURRER TO THIRD CAUSE OF ACTION FOR INTENTIONAL TORT

 

Dept. 27

1:30 p.m.

December 27, 2022


          On November 21, 2022, Defendants Andranik Alikyan and Mariam Panadzhyan (collectively, “Defendants”) filed this demurrer to the third cause of action for intentional tort in plaintiff Ashley Webb’s (“Plaintiff”) complaint.  Defendants also filed a motion to strike.   

On December 12, 2022, Plaintiff filed a First Amended Complaint.  “A party may amend its pleading once without leave of the court . . .  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.”  (Code Civ. Proc., § 472, subd. (a).) 

Although no proof of service is attached to this filing, defense counsel states in a declaration attached to a notice of non-opposition that his office received a “courtesy copy” via email.  (Feng Decl., ¶ 3.)  Therefore, the Court concludes that Defendants were served with the FAC and takes the demurrer and motion to strike off calendar as moot. 

 

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.