Judge: Nick A. Dourbetas, Case: "EvanPaulAutoLeasing,LLCvs.25762DillonRoad,LLC", Date: 2022-10-28 Tentative Ruling

1. Demurrer to Cross-Complaint  

2. Motion to Strike Portions of Cross-Complaint

3. Motion for Leave to File Amended Complaint

Motion No. 1 and 2:

Cross-defendants Evan Paul Auto Leasing, LLC dba Redline, Elliot Broidy, Evan Paul Auto Holdings, LLC, and Palladium Auto Leasing, LLC’s demurrer and motion to strike, directed to the original Cross-complaint, are MOOT, as a First Amended Cross-complaint was timely filed on 10-17-22.  (Code Civ. Proc., § 472, subd. (a) [“A party may amend its pleading once without leave of the court … after a demurrer or motion to strike is filed … if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike”]; Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884 [amended pleading supersedes original pleading].)

Motion No. 3:

Plaintiff Evan Paul Auto Leasing, LLC dba Redline’s motion for leave to file a First Amended Complaint is GRANTED.  (Code Civ. Proc., § 473, subd. (a)(1) [authoring amendment]; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596 [strong policy favoring liberal granting of amendments].) 

Moving party attached a copy of the proposed First Amended Complaint as an exhibit to the moving papers, which cannot be detached for filing.  Plaintiff shall separately e-file the proposed amended complaint (Ex. A to moving papers) within 5 days, which shall be deemed served upon filing.  Separate e-filing is required to ensure the pleading is properly indexed in the court’s electronic filing system.

Plaintiff shall give notice.