Judge: Kerry Bensinger, Case: 23STCV10754, Date: 2025-02-13 Tentative Ruling

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**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 23STCV10754    Hearing Date: February 13, 2025    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      February 13, 2025                                      TRIAL DATE:   Not set

CASE:                         Cudahy Cecilia, LLC v. City of Cudahy

CASE NO.:                 23STCV10754

DEMURRER WITHOUT MOTION TO STRIKE

MOVING PARTY:               Defendant City of Cudahy

RESPONDING PARTY:     No opposition

            On October 14, 2024, Plaintiff, Cudahy Cecilia, LLC, filed a Complaint against Defendant, City of Cudahy, for declaratory relief and injunctive relief.

            On November 23, 2024, Defendant filed this demurrer to the Complaint.

            On January 29, 2025, Plaintiff 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.” (Code Civ. Proc., § 472, subd. (a).)

Given that Plaintiff has timely filed the FAC, the demurrer is MOOT.

Clerk of the Court to give notice. 

Dated:   February 13, 2025