Judge: Deborah C. Servino, Case: 30-2023-01300974, Date: 2023-07-28 Tentative Ruling

It is undisputed that counsel for Plaintiff Victoria Barbara and Defendant State Bros. Markets met and conferred regarding Plaintiff's Complaint, and agreed that Plaintiff would file a first amended complaint.  Plaintiff then served upon Defendant a copy of the first amended complaint that was not a conformed copy.  (Reply, at p. 2.)  However, that copy and another copy were both rejected by the Clerk's Office on April 6 and 25, 2023.  (ROA 14 and 15.)  Believing that the first amended complaint that had been served had been filed, Defendant filed the instant motion.  Even though the first amended complaint had been twice rejected, Plaintiff filed an opposition to the motion.  (ROA 34.)  Defendant then realized the procedural issue of demurring to a pleading that is not the operative pleading.  (See Reply.)

Accordingly, the hearing on Defendant Stater Bros. Market's demurrer and motion to strike portions of Plaintiff Victoria Barbara's first amended complaint is taken off-calendar.  No later than August 7, 2023, Plaintiff is ordered to file and serve a first amended complaint, as agreed by counsel.  Plaintiff's counsel is to ensure that the first amended complaint is properly filed. 

The case management conference is continued to November 3, 2023, at 9 am in Department C21.

Defendant shall give notice of this Order.