Judge: Peter A. Hernandez, Case: 23PSCV01904, Date: 2024-01-16 Tentative Ruling

Case Number: 23PSCV01904    Hearing Date: January 16, 2024    Dept: K

The hearing on Plaintiff 1301 East Gladstone Street Investors, LLC’s Motion for Leave to File First Amended Complaint is TAKEN OFF-CALENDAR [see below].

Background   

This is an unlawful detainer action involving the commercial premises located at 1377 East Gladstone Street, Suite 104, Glendora, CA 91740 (“Premises”).

On June 16, 2023, Plaintiff 1301 East Gladstone Street Investors, LLC’ (“Plaintiff”) filed a “Complaint for Unlawful Detainer” against Defendant Ramon S. Barredo Investments, Inc. (“Defendant”) and Does 1-5.

A Status Conference Re: Amended Complaint is set for March 5, 2024.

Discussion

Plaintiff moves the court for leave to file its proposed First Amended Complaint (“FAC”).

The court takes the hearing on the instant motion off-calendar. Plaintiff filed its original complaint on June 16, 2023. There is nothing on ecourt (i.e., as of January 3, 2024, 2:03 p.m.) reflecting that Plaintiff has served its original complaint on any defendant, let alone that any responsive pleading has been filed by any defendant.

Code of Civil Procedure § 472, subdivision (a) provides, in relevant part, 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 of the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike . . .” Plaintiff, then, need not obtain leave of court to file its proposed FAC.