Judge: Joel R Wohlfeil, Case: 37-2023-00051282-CU-OE-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - May 08, 2024

05/10/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2023-00051282-CU-OE-CTL WALKER VS BECTON DICKINSON AND COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/25/2024

The unopposed general Demurrer (ROA # 14) of Defendants BECTON DICKINSON AND COMPANY, CAREFUSION RESOURCES LLC, WENDY SMITH, GIA ROZELLS, DEBBI GREEN, JULIE MARCUSEN and CARLA BANGE ('Defendants') to causes of action 2 - 6 and 10 in the Complaint by Plaintiffs WILLIAM WALKER AND OLGA MARIA RAMOS SALAZAR ('Plaintiffs'), is MOOT because a First Amended Complaint (('FAC' - ROA # 19) has been filed.

See Code Civ. Proc. 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.'); and JKC3H8 v. Colton (2013) 221 Cal. App. 4th 468, 476 (when amended complaint filed after demurrer is filed, but before it is decided, the demurrer must be overruled as moot).

It is unclear if the rule stated above applies when (as is the case here) Defendants file an Answer concurrent with their Demurrer. However, even if this rule did not apply, the Court would most likely grant leave to amend such that there is no utility to striking the amended pleading.

This ruling is without prejudice to Defendants' ability to file a Demurrer to the FAC.

Calendar No.: Event ID:  TENTATIVE RULINGS

3107636