Judge: Teresa A. Beaudet, Case: 24STCV95135, Date: 2025-03-20 Tentative Ruling

Case Number: 24STCV95135    Hearing Date: March 20, 2025    Dept: 50

 

Superior Court of California

County of Los Angeles

Department 50

 

PFN LENDING GROUP, INC.,

                        Plaintiff,

            vs.

FIDELITY NATIONAL TITLE INSURANCE COMPANY, et al.,

                        Defendants.

Case No.:

24STCV13595

Hearing Date:

March 20, 2025

Hearing Time:

2:00 p.m.

[TENTATIVE] ORDER RE: 

 

DEMURRER OF DEFENDANT FIDELITY NATIONAL TITLE INSURANCE COMPANY TO COMPLAINT

 

DEMURRER OF DEFENDANT FIDELITY NATIONAL TITLE COMPANY TO COMPLAINT

 

 

Background

Plaintiff PFN Lending Group, Inc., (“Plaintiff”) filed this action for breach of contract and breach of implied covenant of good faith and fair dealing on May 30, 2024, against Defendants Fidelity National Title Insurance Company (“Fidelity Insurance”), Fidelity National Title Company (“Fidelity Title”), and Does 1 through 10.

On September 13, 2024, both Fidelity Insurance and Fidelity Title filed demurrers to both causes of action in the complaint on the basis that they fail to state facts sufficient to constitute a cause of action.

Rather than file an opposition to the demurrers, Plaintiff filed a First Amended Complaint (“FAC”) on March 5, 2025.

            Discussion

“A party may amend its pleading once without leave of the court at any time…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…The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.” (Code of Civ. Proc. § 472(a).)

Any opposition to Defendants’ demurrers would have been due nine court days before the hearing on the demurrers. The hearing is set for March 20, and Plaintiff filed its FAC on March 5. Plaintiff’s FAC was timely filed.

Because Plaintiff filed a first amended complaint instead of an opposition, Defendants’ demurrers are moot. Defendants have from the date of service of Plaintiff’s FAC to file their responsive pleadings to the FAC.  

Conclusion

For the reasons set forth above, the Court deems Defendants’ demurrers moot.

Defendants are ordered to give notice of this ruling.

 

DATED:  March 20, 2025                        ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court