Judge: Anne Hwang, Case: 23STCV18508, Date: 2024-02-01 Tentative Ruling

Case Number: 23STCV18508    Hearing Date: February 1, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

On August 4, 2023, Plaintiff Karen Denise Works (“Plaintiff”) filed a complaint against Defendant Path Program (“Defendant”).

On December 12, 2023, Plaintiff filed a form first amended complaint (“FAC”) against Defendant for general negligence and intentional tort.

On January 4, 2024, Defendant filed the instant demurrer to the original complaint. No opposition has been filed.

ANALYSIS

“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.” (Code Civ. Proc. § 472(a).)

Here, Plaintiff amended her complaint on December 12, 2023. Although the demurrer was filed on January 4, 2024, Defendant does not address the FAC, which is the operative pleading. Because Defendant appears to demur only to the original complaint, the demurrer is overruled as moot.

CONCLUSION AND ORDER

Therefore, the Court overrules Defendant’s demurrer to Plaintiff’s original complaint. Defendant shall file and serve a responsive pleading within 30 days.

Defendant shall provide notice of the Court’s ruling and file a proof of service of such.