Calendar: 11

Date: 8/16/2024

Case No: 24 NNCV01687 Trial Date: None Set

Case Name: Palacio v. Grover, et al.

DEMURRER

Moving Party: Defendants Hala Grovier, Samer Kanso, Healthcare Clinical, and

Mario A. Kohan, M.D.

Responding Party: Plaintiff Alexis Palacio

ANALYSIS:

Plaintiff filed an Amended Complaint in this action on July 9, 2024, after the filing of the demurrer on June 28, 2024, and before opposition was due in connection with the demurrer, which was on August 5, 2024.

 Under CCP § 472:

“(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 will be taken off calendar as moot.

RULING:

Defendants’ Demurrer to Complaint is taken off calendar as MOOT in light of the filing on July 9, 2024 of an Amended Complaint. The pleading will be designated the “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.”).

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE

AUDIO OR VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org to schedule a remote appearance. Please note that LACourtConnect offers free audio and video appearances. However, ADVANCE REGISTRATION IS REQUIRED.

If no appearance is set up through LACourtConnect, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.