Judge: Douglas W. Stern, Case: 23STCV23590, Date: 2024-01-10 Tentative Ruling

Case Number: 23STCV23590    Hearing Date: January 10, 2024    Dept: 68

Real Food Daily, LLC vs. Adaline Bettcher, et al., 23STCV23590

Demurrer to Complaint

Moving Party: Defendant Angelita Carag

Demurrer

            Defendant Angelita Carag (Defendant) filed a demurrer to Plaintiff Real Food Daily, LLC’s (Plaintiff) complaint on December 15, 2023. Rather than file an opposition, Plaintiff filed a First Amended Complaint on January 2, 2024. This was only six court days before the hearing, and therefore was filed late pursuant to CCP § 472(a). However, because the Court likely would have given Plaintiff leave to amend had the Court heard the demurrer on its merits, the Court will accept the late filing of the First Amended Complaint. Defendant’s demurrer to the complaint is moot.

            However, from now on, Plaintiff must file its opposition and other pleadings by the filing deadline.