Case Number: BC676657 Hearing Date: June 06, 2019 Dept: 4A

Demurrer with Motion to Strike

Having considered the demurring and moving papers, the Court rules as follows. No opposition was filed.

BACKGROUND

On September 20, 2017, Plaintiffs Soledad Gutierrez, Brittney Avila, Destiny Verduzco, and Valentin Verduzco (“Plaintiffs”) filed a complaint against Defendants Romelia Ornelas and Louie Ornelas (“Defendants”). The complaint alleged a breach of warranty of habitability, negligent maintenance, and an intentional infliction of emotional distress for a failure to maintain a roach and mold infestation in rented property and attempting a wrongful eviction.

On May 6, 2019, Defendants filed a demurrer to Plaintiffs’ complaint arguing a failure to plead sufficient facts to state a cause of action for intentional infliction of emotional distress and that the same cause of action is uncertain.

Also on May 6, 2019, Defendants filed a motion to strike the prayers for punitive damages, attorney’s fees, and special damages from Plaintiffs’ complaint.

On May 7, 2019, Plaintiffs filed a First Amended Complaint to plead additional facts.

A trial setting conference is scheduled for June 20, 2019.

PARTY’S REQUEST

Defendants request that the Court sustain their demurrer to Plaintiff’s claim for intentional infliction of emotional distress pursuant to California Code of Civil Procedure section 430.10, subdivisions (e) and (f).

Defendants also request that the Court grant their motion to strike the prayers for punitive damages, attorneys fees, and special damages on the grounds that such requests are irrelevant, false, or improper.

LEGAL STANDARD

“[T]he filing of an amended complaint renders moot a demurrer to the original complaint.” (JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.)

DISCUSSION

Plaintiffs filed a First Amended Complaint subsequent to the filing of Defendants’ demurrer and motion to strike. Plaintiffs’ filing of the First Amended Complaint renders Defendants’ demurrer and motion to strike moot.

The demurrer is OVERRULED as MOOT.

The motion to strike is DENIED as MOOT.

Defendants are ordered to give notice of this ruling.