Judge: Joseph Lipner, Case: 24STCV23915, Date: 2025-04-02 Tentative Ruling

Case Number: 24STCV23915    Hearing Date: April 2, 2025    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Defendant Selene Finance, LP (“Selene”) demurs to the Complaint filed by Plaintiff Ca-Trece Massey (“Plaintiff”). Defendants Caliber Home Loans, Inc. (“Caliber”) and Newrez, LLC (“Newrez”) separately demur to the Complaint.

On March 21, 2025, Plaintiff filed a 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.” (Code Civ. Proc., § 472, subd. (a).) A party’s opposition to a motion must be filed at least nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).)

Notwithstanding the FAC’s late filing, the Court orders that the FAC is deemed filed, which moots the demurrers on calendar.