Judge: Michael E. Whitaker, Case: 24SMCV02277, Date: 2024-08-21 Tentative Ruling

Case Number: 24SMCV02277    Hearing Date: August 21, 2024    Dept: 207

TENTATIVE RULING

On May 14, 2024, Plaintiff TakeOne filed the original complaint against Defendants Blood Ties, LLC (“Blood Ties”) and Imani Halley (“Halley”), alleging two causes of action for (1) breach of contract and (2) common counts.  Halley now demurs to the complaint on the grounds that it fails to state facts sufficient to constitute a cause of action and uncertainty, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), respectively.

Halley scheduled the demurrer hearing for August 21, 2024.  Plaintiff’s deadline to oppose the demurrer was therefore August 12, 2024.  (See Code Civ. Proc., § 1005, subd. (b) [“All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days […] before the hearing”; Cal. Rules of Court, rule 3.1320(c) [hearing to be scheduled in accordance with Code Civ. Proc., § 1005].)

On August 6, 2024, Plaintiff timely “filed” an amended complaint.  (See Code Civ. Proc., § 472, subd. (a) [“A party may amend its pleading once without leave of the 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”].)

On August 8, 2024, the Clerk of the Court rejected the filing of the amended complaint, indicating:  “The plaintiff must seek a Motion for Leave to file a First Amended Complaint.”  (See Notice of Rejection – Pleadings, Aug. 8, 2024.)  Because the amended complaint is Plaintiff’s first, and because it was timely filed and served no later than the date for filing an opposition to the demurrer, the Court determines that the amended complaint should have been filed and not rejected.  As such, if filed, the Court finds that the amended complaint will moot Halley’s demurrer to the original complaint.

Therefore, on the Court’s own motion, the Court orders Plaintiff’s first amended complaint filed as of August 6, 2024, and accordingly, the Court overrules Halley’s demurrer to the original complaint as moot.

Further, Halley shall file and serve a response to the first amended complaint on or before September 9, 2024.

Further, on the Court’s own motion, the Court continues the Case Management Conference from September 12, 2024 to January 9, 2025 at 8:30 A.M. in Department 207.  All parties shall comply with California Rules of Court, rules 3.722, et seq., regarding Initial and Further Case Management Conferences.  In particular, all parties shall adhere to the duty to meet and confer (Rule 3.724) and to the requirement to prepare and file Case Management Statements (Rule 3.725). 

Halley shall provide notice of the Court’s ruling and file the notice with a proof of service forthwith. 

DATED:  August 21, 2024                                                     ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court