Judge: Lynne M. Hobbs, Case: 22STCV17592, Date: 2023-08-11 Tentative Ruling

Case Number: 22STCV17592    Hearing Date: August 11, 2023    Dept: 30

RUBEN SOLIZ,, INDIVIDUALLY, et al. vs REBECCA KENNEDY

Re Demurrer and Motion to Strike

Ruling:  Off calendar

A party may amend its pleading once without leave of court after a demurrer or motion to strike but before the hearing on the motion if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. (Code Civ. Proc., § 472, subd. (a).) Opposing papers to a motion shall be filed and served on each party at least nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) If an amended complaint is filed, the demurrer is taken off calendar as moot. (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505-06; Sylmar Air. Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054.