Judge: Virginia Keeny, Case: 24STCV00183, Date: 2025-02-05 Tentative Ruling

Case Number: 24STCV00183    Hearing Date: February 5, 2025    Dept: 45

ATTAR et al. V. CASTILLO GROUP, INC. ET AL.

DEMURRER TO COMPLAINT

Date of Hearing:          2/5/2025                                 Trial Date:       N/A

Department:               45                                            Case No.:         24STCV00183

Moving Party:             Defendants Callisto Group, Inc. dba Metro Lending Services, George Chorbajian, and Vatche Yepremian

Responding Party:       Plaintiffs Ellie Attar and Joanna Attar, individually an as trustees of the Attar Family Trust dated May 31, 2007

[TENTATIVE] RULING

Defendants’ demurrer is removed from calendar as moot.

DISCUSSION

“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.” (Code Civ. Proc., § 472(a).)

Plaintiff filed their complaint on January 3, 2024. Defendants demurred on April 2, 2024. On January 22, 2025, the day before their opposition was due, Plaintiffs filed a first amended complaint as a matter of right.

The demurrer is taken off calendar, as it is directed to an obsolete pleading.