Judge: Lee W. Tsao, Case: 23NWCV01221, Date: 2023-11-16 Tentative Ruling

Case Number: 23NWCV01221    Hearing Date: November 16, 2023    Dept: C

DURAN v. GONZALEZ

CASE NO.:  23NWCV01221

HEARING:  11/16/23

#3

Defendant CITY OF SANTA FE SPRINGS’ Demurrer to Plaintiffs’ Complaint is OFF-CALENDAR as MOOT.

Moving Party to give notice.

No Opposition filed as of November 13, 2023.  

Defendant CITY OF SANTA FE SPRINGS generally demurs to Plaintiffs’ Complaint.

“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 24, 2023, and the hearing is set for November 16, 2023. Plaintiffs’ Opposition was supposed to be filed and served by no later than November 2, 2023. (CCP §1005(b).)

Plaintiffs’ First Amended Complaint was filed without leave of Court on November 2, 2023 at 6:47 p.m.

Defendant argues that Plaintiffs’ FAC is untimely because it was not filed and served prior to 5:00 p.m. on the date the Opposition was due.

It is well-settled that California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939.) In the interests of judicial efficiency and in light of the liberal policy concerning amendments, the Court utilizes its discretion to permit the filing of the First Amended Complaint at 6:47 p.m. on November 2, 2023. The First Amended Complaint is the operative pleading, and the Demurrer is placed OFF-CALENDAR as MOOT.