Judge: Loren G. Freestone, Case: 37-2022-00048891-CU-PO-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00048891-CU-PO-CTL IBARRA VS DE ORO MINE COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING The court, on its own motion, strikes Defendant AMW Partners LLC (d/b/a De Oro Mine Co.)'s first amended answer. Plaintiff Maribel Ibarra's demurrer to the first amended answer is therefore OFF CALENDAR as moot.

A defendant only has ten days after answering to file an amended answer without leave of court. (See Code Civ. Proc., §§ 430.40, subd. (b), 472; Bank of America Nat. Trust & Savings Assn. v. Goldstein (1938) 25 Cal.App.2d 37, 45–46.) A court may, 'at any time in its discretion,' strike a pleading that was improperly filed without leave of court. (Code Civ. Proc., § 436, subd. (b); see Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 572–579.) Here, the answer was filed on May 10, 2023. The amended answer was not filed until July 14, 2023. By that point, the brief window to amend without leave of court had closed.

Accordingly, the first amended answer is stricken and the demurrer is off calendar as moot. The original answer remains the operative answer.

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