Judge: Shirley K. Watkins, Case: 22VECV00605, Date: 2022-08-09 Tentative Ruling

Case Number: 22VECV00605    Hearing Date: August 9, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant Dignity Health and Defendant Dignity Community’s Demurrer and Motion to Strike Portions of the Complaint are MOOT.

Introduction

Defendant Dignity Health and Defendant Dignity Community (collectively, “Defendants”) demur to and move to strike Plaintiff Laura Tiu’s (Plaintiff) Complaint.  Defendants’ Demurrer places into issue all fifteen causes of action alleged in the Complaint.  Defendants’ Motion to Strike places into issue three portions of the Complaint.  Plaintiff filed and served a First Amended Complaint (FAC) seven court days prior to the hearing date.  Defendants did not file a reply.[1]    

            Discussion 

            Plaintiff concedes that the Complaint could benefit from amending, as evidenced by the untimely FAC.  The FAC was required to be filed nine court days prior to the hearing date or by way of stipulation (Code Civ. Proc. secs. 472 and 1005.)  Plaintiff did not submit a stipulation with the FAC.  Although the FAC was untimely filed and served, Defendants did not object on the grounds of untimeliness.  Without objection, the untimeliness issue is waived.  The Court finds the Demurrer and Motion to Strike to be MOOT and the FAC to be the operative pleading.