Judge: Erick L. Larsh, Case: 2022-01294129, Date: 2023-07-20 Tentative Ruling

Defendant County of Riverside’s demurrer to complaint is taken off calendar as moot.

Although plaintiff Peyman Heidary’s first amended complaint filed on 6/9/23 was untimely filed at the time of the prior hearing on this demurrer, the hearing was ultimately continued to the present hearing date. This had the unintended effect of opening up the time to oppose the demurrer, and thus the time to file an amended pleading. As a result, plaintiff’s first amended complaint is now timely and supersedes the original complaint, rendering this demurrer moot. (See Code Civ. Proc., § 472, subd. (a); see also JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.)

The court would have likely sustained the demurrer to the original complaint with leave to amend anyway (see, e.g., City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747 [“If the plaintiff has not had an opportunity to amend the complaint in response to the demurrer, leave to amend is liberally allowed as a matter of fairness”]), and the defendants continue to have the option to demur to the amended pleading.

Clerk shall give notice.