Judge: Katherine Chilton, Case: 23STLC00335, Date: 2023-03-28 Tentative Ruling

Case Number: 23STLC00335     Hearing Date: March 28, 2023    Dept: 25

PROCEEDINGS:      DEMURRER

MOVING PARTY:   Defendant Ford Motor Credit Company

RESP. PARTY:         None

DEMURRER

(CCP §§ 430.10)

TENTATIVE RULING:

Defendant Ford Motor Credit Company’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 March 22, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of March 22, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On January 17, 2023, Plaintiffs Danny Groina (“Plaintiff”) brought an action against Defendants Rusnak Westlake dba Rusnak Auto Group (“Rusnak”) and Ford Motor Credit Company (“Ford”), (collectively “Defendants”), for violation of Consumer Legal Remedies Act (California Business & Professions Code §§ 1750 et seq.), and the Consumer Credit Reporting Agencies Act (California Code of Civil Procedure § 1785 et seq.).

On February 17, 2023, Defendant Rusnak filed an Answer to the Complaint.

On February 21, 2023, Defendant Ford filed the instant Demurrer (“Demurrer”) to Plaintiff’s Complaint.

On March 14, 2023, Plaintiff filed the First Amended Complaint (“FAC”).

No opposition has been filed to the Demurrer.

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, Plaintiff has filed and served a timely First Amended Complaint.  Thus, the Demurrer is overruled as moot.

III.            Conclusion & Order

For the foregoing reason,

Defendant Ford Motor Credit Company’s Demurrer is OVERRULED AS MOOT.

Moving party is ordered to give notice.