Judge: Lee W. Tsao, Case: 23NWCV03491, Date: 2024-07-18 Tentative Ruling

Case Number: 23NWCV03491    Hearing Date: July 18, 2024    Dept: C

GUTTALU v. PYE

CASE NO.:  23NWCV03491

HEARING:  07/18/24

#4

     I.        Defendant MARISELA YANETH DIAZ PACHECO’s Demurrer to Plaintiffs’ Complaint is OFF-CALENDAR as MOOT.

    II.        Defendant MARISELA YANETH DIAZ PACHECO’s Motion to Strike Portions of Plaintiffs’ Complaint is OFF-CALENDAR. Although reserved, no Motion to Strike has been filed/lodged with this Court.  

Plaintiffs 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 was filed on January 30, 2023, and the hearing is set for July 18, 2024. Plaintiffs’ Opposition was due on July 5, 2024. (CCP §1005(b).)

Plaintiff’s First Amended Complaint was timely filed on February 22, 2024, before the date the Opposition was due. 

The Demurrer and Motion to Strike are placed OFF-CALENDAR as MOOT.