Judge: Lee W. Tsao, Case: 23NWCV00392, Date: 2024-02-29 Tentative Ruling

Case Number: 23NWCV00392    Hearing Date: February 29, 2024    Dept: C

ORTIZ v. SOLIMAN

CASE NO.:  23NWCV00392

HEARING:  02/29/24

This matter will be called for hearing by the Honorable Olivia Rosales.

#9

Plaintiffs’ Motion to Strike Defendants’ Answer to the Complaint is OFF-CALENDAR as MOOT.

Opposing Party to give notice.

No Reply filed as of February 26, 2024.   

Plaintiffs move to strike Defendant’s Answer, or alternatively portions of Defendant’s Answer.

“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 September 14, 2023, and the hearing is set for February 29, 2024. Defendant’s Opposition was supposed to be filed and served by no later than February 15, 2024. (CCP §1005(b).)

Defendant’s First Amended Answer was timely filed on February 13, 2024.

The First Amended Answer is the operative pleading, and the Motion to Strike is placed OFF-CALENDAR as MOOT.