Judge: John J. Kralik, Case: 23BBCV01395, Date: 2023-09-29 Tentative Ruling

Case Number: 23BBCV01395    Hearing Date: September 29, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

            On June 21, 2023, Plaintiffs Yvonne Brooks, Francisco Copano, and Rubina Copano (“Plaintiffs”) filed a complaint against Defendant Avalonbay, Inc. dba Avalon Communities (“Defendant”) for: (1) premises liability; (2) breach of implied warranty of habitability; (3) tortious breach of implied warranty of habitability; (4) negligence; (5) Business & Professions Code, § 17200 et seq.; and (6) nuisance. 

            On August 25, 2023, Defendant filed a demurrer and motion to strike portions of the complaint. 

            On September 15, 2023, Plaintiffs filed the first amended complaint (“FAC”). 

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).) 

Plaintiffs amended the pleading prior to or by the due date of the opposition to the demurrer to the initial complaint.  Thus, the demurrer to initial complaint is moot as an amended pleading has been filed.

Defendant shall give notice of this order.