Judge: Katherine Chilton, Case: 22STLC03749, Date: 2022-08-24 Tentative Ruling

Case Number: 22STLC03749     Hearing Date: August 24, 2022    Dept: 25

PROCEEDINGS:      DEMURRER TO ANSWER

MOVING PARTY:   Plaintiff Dana Messri Hassid

RESP. PARTY:         None

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Plaintiff Dana Messri Hassid’s Demurrer is OVERRULED AS MOOT.

SERVICE: 

[ X ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[ X ] Correct Address (CCP §§ 1013, 1013a)                                     OK

[ X ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of August 22, 2022.               [   ] Late                      [X] None

REPLY:                     None filed as of August 22, 2022.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On June 2, 2022, Plaintiff Dana Messri Hassid (“Plaintiff”) brought this action against Vital Recovery Services, LLC (“Defendant”) for violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788, et seq.  On July 7, 2022, Defendant filed an Answer denying all allegations in Plaintiff’s Complaint.

On July 21, 2022, Plaintiff filed the instant Demurrer, without Motion to Strike, to Defendant’s Answer.  On July 25, 2022, Defendant filed an Amended Answer.

II.              Legal Standard and Discussion

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.”  (Code Civ. Proc., § 472(a).)  When plaintiff files an amended complaint after a demurrer is filed, but before it is decided, the demurrer must be overruled as moot.  (JKC3H8 v. Colton, (2013) 221 Cal.App.4th 468, 477.)

Here, Defendant filed a timely First Amended Answer to Complaint on July 25, 2022, twenty-two (22) court days before the hearing set for the Demurrer.  Thus, the demurrer is overruled as moot.

III.            Conclusion & Order

For the foregoing reason, Plaintiff Dana Messri Hassid’s Demurrer is OVERRULED AS MOOT.

Moving party is ordered to give notice.