Judge: Michael Small, Case: 23STCV31831, Date: 2025-02-05 Tentative Ruling

Case Number: 23STCV31831    Hearing Date: February 5, 2025    Dept: 57

The Plaintiff's demurrer to the Defendants' Cross-Complaint has been rendered moot by the Defendants' filing of a First Amended Cross-Complaint.  This result is dictated by Code of Civil Procedure Section 472.  It provides that "[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."   The First Amended Cross-Complaint was filed on the date that an opposition to the demurrer was due, January 23, 2025.  (Defendants filed an opposition to the demurrer on that date as well, although they did not need to do that in light of the filing of the First Amended Cross-Complaint.)  

The Court will discuss with Plaintiffs' counsel at the hearing today the due for a response to the First Amended Cross-Complaint.