Judge: Teresa A. Beaudet, Case: 24STCV23789, Date: 2025-02-26 Tentative Ruling

Case Number: 24STCV23789    Hearing Date: February 26, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff Mini Nation Pictures, LLC (“Plaintiff”) filed this action on September 16, 2024 against Defendant Kelcie Stranahan (“Defendant”). The Complaint alleges causes of action for (1) fraud and (2) breach of contract.

Defendant demurs to both causes of action of the Complaint. No opposition to the demurrer was filed.

On February 13, 2025, Plaintiff filed a First Amended Complaint (“FAC”).  

Discussion

As an initial matter, the Court notes that Code of Civil Procedure section 472, subdivision (a) provides that “[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.” Pursuant to Code of Civil Procedure section 1005, subdivision (b), “[a]ll papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days…before the hearing.”

Defendant’s demurrer to the Complaint was filed on November 22, 2024 and noticed for hearing on February 26, 2025. The Court notes that nine court days prior to the February 26, 2025 hearing is February 11, 2025. However, Plaintiff’s FAC was filed on February 13, 2025.

The proof of service attached the FAC states that the FAC was served on February 11, 2025 by electronic service. However, pursuant to Code of Civil Procedure section 1010.6, subdivision (a)(3)(B), “[a]ny period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days…”

The docket for this action does not yet show that Defendant has filed any objection to the FAC on the foregoing grounds. Thus, the Court will provide the parties with the opportunity to demonstrate whether they stipulated to Plaintiff’s filing of the FAC. As set forth above, “[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.” ((Id., § 472, subd. (a).)

Conclusion

In light of the foregoing, the hearing on Defendant’s demurrer is continued to _______________,  at 2:00 p.m. in Dept. 50.¿ 

Defendant may file and serve a declaration addressing the foregoing on or before _______________. Plaintiff may file and serve a response thereto on or before _______________.

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Defendant is ordered to give notice of this order.¿

DATED:  February 26, 2025                          ________________________________

Hon. Teresa A. Beaudet