Judge: Olivia Rosales, Case: 22NWCV00311, Date: 2022-10-06 Tentative Ruling

Case Number: 22NWCV00311    Hearing Date: October 6, 2022    Dept: SEC

AGUILA v. IPSWICH SHELLFISH CO, INC.

CASE NO.:  22NWCV00311

HEARING:  10/06/22

#2

TENTATIVE ORDER

Defendants INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, INC. and MONTANY BAIL BONDS, INC.’s Demurrer to Plaintiff’s Complaint is OFF-CALENDAR as MOOT.

Plaintiff to give Notice.

“A party may amend its pleading once without leave of 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.” (emphasis added.) (CCP §472.)  

The subject Demurrer was filed on July 7, 2022, and the hearing is set for October 6, 2022. Plaintiff’s Opposition was supposed to be filed and served by no later than September 22, 2022. (CCP §1005(b).) Plaintiff’s First Amended Complaint was timely filed on September 7, 2022.

The First Amended Complaint is the operative pleading, and the Demurrer is placed OFF-CALENDAR as MOOT.