Judge: Walter P. Schwarm, Case: 30-2022-01247224, Date: 2022-11-01 Tentative Ruling

The court intends to CONTINUE Defendant’s (Old Republic National Title Insurance Company) unopposed Demurrer to Plaintiffs’ Complaint, filed on 6-30-22 under ROA No. 16, to a date and time to be determined at the hearing on 11-1-22.

Here, Plaintiffs’ (Yazen Haddad and Paula Musharbash) Opposition was due on 10-19-22. Plaintiffs did not file an Opposition, but filed a Proof of Service for a First Amended Complaint and Amended Summons on 10-20-22 under ROA No. 37. The Proof of Service indicates that a First Amended Complaint and Amended Summons was served electronically on 10-19-22. Plaintiff, however, has not filed the First Amended Complaint with the court.

Code of Civil Procedure section 472 states, “ (a) 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. [¶] (b) This section shall not apply to a special motion brought pursuant to Section 425.16.”

The court requests the parties to appear to explain whether the Demurrer is moot based on the service of the First Amended Complaint. (JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.)  If the parties do not appear, the court will take the Demurrer OFF CALENDAR as MOOT.