TENTATIVE RULING

Calendar:    3

Date:          04/18/2025 

Case No: 24 NNCV05458 Trial Date: None Set 

Case Name: California Capital Insurance Company v. Roofing USA and Waterproofing Inc.

DEMURRER

Moving Party:            Defendant Roofing USA and Waterproofing Inc. dba Ridgeway Roofing 

Responding Party: Plaintiff California Capital Insurance Company  

ANALYSIS:    

Plaintiff filed a First Amended Complaint in this action on March 24, 2025, after the filing of the demurrer, but on the date opposition was due in connection with the demurrer. 

“(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 appropriately was amended once without leave of the court, and the demurrer will be taken off calendar as moot. 

RULING: 

Demurrer is taken off calendar as MOOT in light of the filing on March 24, 2025 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.”).  

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