TENTATIVE RULING

Calendar:    7

Date:          2/2/2024

Case No: 23 GDCV02146 Trial Date:  None Set 

Case Name: Afenger v. General Motors LLC

DEMURRER

MOTION TO STRIKE

Moving Party:               Defendant General Motors LLC    

Responding Party:         Plaintiff Rivka Afenger      

ANALYSIS:

Plaintiff filed a First Amended Complaint in this action on January 9, 2024, after the filing of the demurrer and motion to strike, and before the date opposition was due in connection with the motions. 

“(a) 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.  A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation of the parties….”

The pleading here was appropriately amended once without leave of the court, and the demurrer and motion to strike are taken off calendar as moot. 

RULING: 

General Motors LLC’s Demurrer to Plaintiff’s Complaint and General Motors LLC’s Motion to Strike Punitive Damages from Plaintiff’s Complaint are taken off calendar as MOOT in light of the filing on January 9, 2023 of a First Amended Complaint. 

The parties are reminded of their obligations under CCP § 430.41 (a) in connection with any further challenge to the amended pleading (“If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.”).  See also CCP §435.5 (a), which provides a similar requirement with respect to motions to strike. 

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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