Judge: Linda S. Marks, Case: 2022-01257938, Date: 2022-11-28 Tentative Ruling

Demurrer to Complaint filed by Yvoy Utama on 10/21/22

Defendant Yovy Utama (“Defendant”) demurs to the 1st, 4th, 5th, 6th, and 8th causes of action alleged in the Complaint.

On November 8, 2022, two days prior to the date the Opposition to the Demurrer was due, Plaintiff filed a First Amended Complaint. Pursuant to Code of Civil Procedure section 472(a), Plaintiff is entitled to amend its pleading “no later than the date for filing an opposition to the demurrer” is due. (C.C.P. section 472(a).) And, “the filing of an amended complaint renders moot a demurrer to the original complaint.” (JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.)

Tentative Ruling: The demurrer is MOOT.