Judge: Armen Tamzarian, Case: 24STCV15043, Date: 2025-01-10 Tentative Ruling

Case Number: 24STCV15043    Hearing Date: January 10, 2025    Dept: 52

Demurrers by Defendants Pedro Jacobo Villanueva, Henry Magana Villanueva, and H Metals Trucking

Defendants Pedro Jacobo Villanueva, Henry Magana Villanueva, and H Metals Trucking each demur to the complaint by plaintiffs Shileeta Latoya Diaz and Antonio Jason Diaz. 

Plaintiffs did not oppose these demurrers.  Instead, plaintiffs submitted their attorney’s affidavit fault under Code of Civil Procedure section 473, subdivision (b) and sought leave to file a first amended complaint.  Relief under that provision may have been unnecessary.  Code of Civil Procedure section 472, subdivision (a) provides, “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.”  Plaintiffs filed and served the affidavits of fault on December 23, 2024, before the deadline to oppose the demurrers.  (Code Civ. Proc., § 1005, subd. (b) [9 court days before hearing].)  Plaintiffs could have instead filed a first amended complaint.  The court will sustain the demurrers with leave to amend.

Defendants Pedro Jacobo Villanueva, Henry Magana Villanueva, and H Metals Trucking’s demurrers to plaintiffs’ complaint are sustained with leave to amend.  Plaintiffs Shileeta Latoya Diaz and Antonio Jason Diaz shall file a first amended complaint within 20 days.