Judge: Ashfaq G. Chowdhury, Case: 23GDCV01493, Date: 2023-10-27 Tentative Ruling
Case Number: 23GDCV01493 Hearing Date: October 27, 2023 Dept: E
Case Name: RK APPAREL, INC., a California corporation; v.
KNITOPIA, INC., a California corporation; MI JIM KIM, an individual; HI MAN
PARK, an individual; and DOES 1-10, inclusive
Case No: 23GDCV01493
Hearing Date: 10/27/2023 – 10:00am
Trial Date: UNSET
[TENTATIVE RULING ON
DEMURRER]
Defendants,
Knitopia, Inc., a California corporation, Mi Jin Kim, an individual, and Hi Man
Park, an individual, seek an order granting demurrers to the First, Second,
Third, Fourth, Fifth, Seventh, and Ninth Causes of Action of the Complaint of
Plaintiff, RK Apparel, Inc.
TENTATIVE RULING
Plaintiff’s original
Complaint was filed on 07/17/2023. On 08/22/2023, Defendants filed the instant
demurrer. On 10/16/2023, Plaintiff filed a First Amended Complaint (FAC).
As
stated in CCP §472(a):
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. A party may amend the pleading after the date for filing an
opposition to the demurrer or motion to strike, upon stipulation by the
parties. The time for responding to an amended pleading shall be computed from
the date of service of the amended pleading.
(CCP §472(a).)
The hearing on this Demurrer is set for
10/27/2023. The date for filing an opposition would have been 10/16/2023. (CCP
§1005(b).)
On 10/16/2023, the FAC was filed and served.
Because the FAC was filed and served when the
Opposition was due, Plaintiff did not need leave of court to amend the
pleading.
Defendants’ demurrer to the Complaint is
OVERRULED as Moot because Plaintiff filed an FAC.