Judge: Olivia Rosales, Case: 22NWCV00337, Date: 2022-09-22 Tentative Ruling

Case Number: 22NWCV00337    Hearing Date: September 22, 2022    Dept: SEC

EXPEDITION INDUSTRIES, INC. v. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

CASE NO.:  22NWCV00337

HEARING:  09/22/22

#6

TENTATIVE ORDER

Defendant CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION’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 6, 2022, and the hearing is set for September 22, 2022. Plaintiff’s Opposition was supposed to be filed and served by no later than September 9, 2022, 2022. (CCP §1005(b).) Plaintiff’s First Amended Complaint was untimely filed and served, without leave of Court, on September 12, 2022.

It is well-settled that California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939.) In the interests of judicial efficiency and in light of the liberal policy concerning amendments, the Court utilizes its discretion not to strike the improperly filed First Amended Complaint. The First Amended Complaint is the operative pleading, and the Demurrer is placed OFF-CALENDAR as MOOT.