Judge: Ashfaq G. Chowdhury, Case: 25NNCV00501, Date: 2025-04-25 Tentative Ruling

Case Number: 25NNCV00501    Hearing Date: April 25, 2025    Dept: E

Hearing Date: 04/25/2025 – 8:30am

Trial Date: UNSET

Case Name: RAFAYEL MURADYAN v. PROGRESSIVE INSURANCE COMPANY; and DOES 1 – 100, inclusive

[TENTATIVE RULING ON DEMURRER]

Moving Party: Defendant, Progressive West Insurance Company (erroneously sued as Progressive Insurance Company)

Responding Party: No Opposition by Plaintiff

Moving Papers: Demurrer

Opposition Papers: No Opposition

Reply Papers: No Reply

RELIEF REQUESTED
Defendant demurs to Plaintiff’s Complaint.

Defendant demurs to the first and second causes of action on grounds of failure to state facts sufficient to constitute a cause of action.

Defendant demurs to the third cause of action on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty.

PROCEDURAL ANALYSIS
Proof of Service Timely Filed (CRC, Rule 3.1300(c)): Ok
16/21 Court Days Lapsed (CCP § 1005(b)): Ok
Proper Address (CCP §1013, §1013a, §1013b): Ok

TENTATIVE RULING
Plaintiff, Rafayel Muradyan, filed the instant action on 1/24/2025 against Defendants, Progressive Insurance Company, and Does 1-100, inclusive.

On 3/24/2025, Defendant, Progressive West Insurance Company (erroneously sued as Progressive Insurance Company), filed the instant demurrer.

On 4/7/2025, Plaintiff filed a First Amended Complaint (FAC) and named the Defendants as Drive Insurance Company and Does 1-100, inclusive.

Under 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 instant demurrer hearing is set for 4/25/2025. Therefore, the latest date in which Plaintiff’s Opposition would have been due was 4/14/2025.

Here, the FAC was filed in compliance with CCP § 472(a) because it was filed on 4/7/2025. The FAC was timely filed in compliance with CCP § 472(a) because it was filed no later than the date for filing an opposition to the demurrer [4/14/2025].

However, the FAC filed on 4/7/2025 does not contain a proof of service. Therefore, it is unclear if Plaintiff’s FAC was served in compliance with CCP § 472(a) because it is unclear when, or if, the FAC was served.

The Court to hear argument.