Judge: Mark H. Epstein, Case: 24SMCV01850, Date: 2024-09-11 Tentative Ruling

Case Number: 24SMCV01850    Hearing Date: September 11, 2024    Dept: I

The demurrer is MOOT due to the First Amended Complaint, received on August 28, 2024.  There will therefore be no hearing today.to  By the court's calculation, the amended complaint was timely filed--that is, it was filed on the date the opposition was due.  To the extent it has not been filed, the court ORDERS that it be deemed filed as of today. Defendants will have the time allowed by law to answer or otherwise respond to it, with the time beginning to run from today.  The demurrer hearing set for September 25, 2024, is VACATED for the same reason.  The court notes that it views the FAC to have been filed in the teeth of the demurrer—meaning that this is plaintiff’s second chance to state a cause of action, not the first.