Judge: Richard Y. Lee, Case: 30-2022-01250566, Date: 2022-08-25 Tentative Ruling

Defendant Al Nazari filed a Demurrer to Plaintiff Ali Shahabeddin’s Complaint. 

Pursuant to Code of Civil Procedure section 472:

“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 by the parties.  The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.”  (Code Civ. Proc., § 472, subd. (a).)

Here, Defendant filed and served the Demurrer on May 24, 2022.  (ROA # 15.)  Plaintiff filed a First Amended Complaint on July 26, 2022.  (ROA # 19.)  Plaintiff’s opposition to the Demurrer was due August 12, 2022 and the hearing on the Demurrer was scheduled for August 25, 2022.

Plaintiff filed a First Amended Complaint after Defendant filed his demurrer but before Plaintiff’s opposition to the Demurrer was due.  As such, the Demurrer is MOOT pursuant to Code of Civil Procedure section 472. 

The matter is taken OFF CALENDAR.

Plaintiff to provide notice.