Judge: Lee W. Tsao, Case: 22NWCV00487, Date: 2023-10-12 Tentative Ruling

Case Number: 22NWCV00487    Hearing Date: October 12, 2023    Dept: SEC

Washington v. Reid 22NWCV00487

Defendant/Cross-Complainant ERSELL REID's Ex Parte Application to Continue Cross-Defendant ANITRA WASHINGTON's Demurrer to Cross-Complainant Ersell Reid's Cross-Complaint set for Wednesday, October 18, 2023 is DENIED. A First Amended Cross-Complaint was filed on September 27, 2023. “A party may amend its pleading once without leave of 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.” (emphasis added.) (CCP §472.)   

The subject Demurrer was filed on July 7, 2023, and the hearing is set for October 18, 2023. The Opposition was due to be filed and served by no later than October 5, 2023. (CCP §1005(b).)  A First Amended Cross-Complaint was timely filed prior to the date the Opposition was due on September 27, 2023. Cross-Defendant ANITRA WASHINGTON's Demurrer to Cross-Complainant Ersell Reid's Cross-Complaint set for Wednesday, October 18, 2023 is placed OFF-CALENDAR as MOOT. Defendant Reid to give notice.