Judge: John J. Kralik, Case: 24NNCV03689, Date: 2024-11-15 Tentative Ruling
Case Number: 24NNCV03689 Hearing Date: November 15, 2024 Dept: NCB
North
Central District
|
4415 Bel aire
llc, Plaintiff, v. miriam
lopez-torres, Defendant. |
Case
No.: 24NNCV03689 Hearing Date: November 15, 2024 [TENTATIVE]
order RE: demurrer |
On August 20, 2024, Plaintiff 4415 Bel
Aire LLC (“Plaintiff”) filed a complaint against Defendant Miriam Lopez-Torres
(“Defendant”) for: (1) trespass; (2) ejectment; (3) injunctive relief; and (4)
declaratory relief.
On October 9, 2024, Defendant filed
a demurrer to the complaint.
On November 4, 2024, Plaintiff
lodged the first amended complaint (“FAC”) alleging causes of action for: (1) trespass;
(2) private nuisance; (3) ejectment; (4) declaratory relief; (5) fraud and
deceit; and (6) promissory estoppel.
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).)
The opposition to the demurrer was due by November
1, 2024. (The Court notes that November
11, 2024 is a holiday.) Plaintiff
attempted to file the amended pleading on November 4, 2024. The proposed FAC was lodged one court day
late. However, the Court will accept the
lodged FAC as the new operative pleading in this action.
Thus, the demurrer to initial complaint is moot as an amended
pleading has been filed.
Defendant shall
give notice of this order.
DATED:
November 15, 2024 ___________________________
John
Kralik
Judge
of the Superior Court