Judge Lee W. Tsao, Case Number: 24NWCV00662, Date: 2024-07-11 Tentative Ruling

Judge: Lee W. Tsao, Case: 24NWCV00662, Date: 2024-07-11 Tentative Ruling

Case Number: 24NWCV00662 Hearing Date: July 11, 2024 Dept: C

SOCAL LIEN SOLUTIONS LLC v. GOODMAN SANTA FE SPRINGS SPE LLC

CASE NO.: 24NWCV00662

HEARING: 07/11/24

Defendant GOODMAN SANTA FE SPRINGS SPE LLC’s Demurrer to Plaintiff’s Complaint is CONTINUED to Thursday, August 15, 2024 at 9:30 a.m. in Dept. SE-C.

Moving Party to give notice.

Defendant GOODMAN SANTA FE SPRINGS SPE LLC generally demurs to each cause of action contained in Plaintiff’s Complaint.

On June 26, 2024, before Plaintiff’s Opposition to this Demurrer was due, Plaintiff filed and served a Notice of Errata intended to “augment inadvertent errors in its complaint at Exhibit ‘D’.” (Ntc. of Errata, 06/26/24.) It appears that this new “Exhibit D” intends to amend the initial pleading.

“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.)

Although Plaintiff did not file, serve, or move for leave to file an amended pleading, 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 grant Plaintiff leave to file a First Amended Complaint incorporating the new exhibit attached as Exhibit D to Plaintiff’s Notice of Errata.

Plaintiff is ORDERED to file and serve a First Amended Complaint within 5 days from the date of the Court’s issuance of this Order. If the FAC is timely filed and served, the subject Demurrer will be taken off-calendar as MOOT on the continued hearing date. If the FAC is not timely filed and served, the Court will issue a ruling on this subject Demurrer, on the merits.