Judge: Lee W. Tsao, Case: 23NWCV02417, Date: 2024-02-22 Tentative Ruling

Case Number: 23NWCV02417    Hearing Date: February 22, 2024    Dept: C

RAMOS v. GENERAL MOTORS LLC

CASE NO.:  23NWCV02417

HEARING:  02/22/24

#8

     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 Portions of Plaintiff’s Complaint is OFF-CALENDAR as MOOT.

Moving Party to give notice.

No Opposition filed as of February 20, 2024.   

Defendant GENERAL MOTORS LLC generally demurs and moves to strike portions of Plaintiff’s 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 September 6, 2023, and the hearing is set for February 22, 2024. Plaintiffs’ Opposition was supposed to be filed and served by no later than February 7, 2024. (CCP §1005(b).)

Plaintiff’s First Amended Complaint was filed without leave of Court on February 16, 2024.

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 on February 16, 2024. The First Amended Complaint is the operative pleading, and the Demurrer and Motion to Strike are placed OFF-CALENDAR as MOOT.