Judge: Lee W. Tsao, Case: 23NWCV00691, Date: 2023-10-05 Tentative Ruling

Case Number: 23NWCV00691    Hearing Date: October 5, 2023    Dept: C

KING v. GENERAL MOTORS LLC

CASE NO.: 23NWCV00691

HEARING:  10/05/23

#5

     I.        Defendant GENERAL MOTORS, LLC’s Demurrer to Plaintiff’s Complaint is OFF-CALENDAR as MOOT.

    II.        Defendant GENERAL MOTORS, LLC’s Motion to Strike Punitive Damages from Plaintiff’s Complaint is OFF-CALENDAR as MOOT.

Plaintiff to give notice.

“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 and Motion to Strike were filed May 8, 2023, and the hearing is set for October 5, 3034. Plaintiff’s Oppositions were due to be filed and served by no later than September 21, 2023. (CCP §1005(b).)

On September 21, 2023, Plaintiff timely filed a First Amended Complaint. 

Defendant General Motors, LLC’s Demurrer and Motion to Strike Plaintiff’s Complaint are OFF-CALENDAR as MOOT.