Judge: Andre De La Cruz, Case: 2023-0131446, Date: 2023-08-28 Tentative Ruling

1. Demurrer to Complaint filed by THC -Orange County LLC on 4/27/23
2. Case Management Conference

Motion for Leave to Amend

Plaintiff Carolena Castro’s Motion for Leave to Amend Complaint is GRANTED.

Pursuant to Code of Civil Procedure Section 472, “[a] party may amend its pleading once without leave of the 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.” Plaintiff could have filed its Amended Complaint without seeking leave of court. Since Plaintiff was already entitled to requested relief, and Defendant has not opposed the motion, it is GRANTED.

The Court notes, however, that in its cursory review of the documents attached to the Motion for Leave to Amend, it does not appear that Plaintiff has submitted anything sufficient to constitute a First Amended Complaint. It would behoove Plaintiff to carefully review the applicable rules and/or seek legal assistance before filing the First Amended Complaint.

Plaintiff shall file her First Amended Complaint within 15 calendar days of notice of this ruling.

Demurrer

In light of the Court’s ruling on Plaintiff’s Motion for Leave to Amend, the demurrer is overruled as moot.

Defendant to give notice of both rulings.