Judge: Walter P. Schwarm, Case: 30-2022-01260098, Date: 2022-10-25 Tentative Ruling

Motion No. 1:

Plaintiff’s (Juan Carlos Orellana) unopposed Motion for Leave to Amend filed on 6-3-22 under ROA No. 56, is GRANTED.

Defendant’s (Victor Manuel Orellana) Memorandum of Points and Authorities In Reply re: Demurrer by Victor Orellana to Plaintiff’s First Amended Complaint (Reply), filed on 10-18-22, states, “Given this somewhat unusual procedural situation, defendant Victor Orellana believes there are two satisfactory solutions. The first solution would be to grant the demurrer to the first amended complaint and allow leave to amend. The second solution would be for the court to grant Plaintiff's motion for leave to file the proposed second amended complaint, to which would moot the demurrer to the first amended complaint. Either of these potential actions would be acceptable to defendant Victor Orellana.” (Reply; 2:12-17.)

Based on the Reply, the court GRANTS Plaintiff’s (Juan Carlos Orellana) unopposed Motion for Leave to Amend filed on 6-3-22 under ROA No. 56.  The court ORDERS Plaintiff to electronically file the second amended complaint no later than 11-1-22.

Plaintiff is to give notice.

Motion No. 2:

Defendant’s Demurrer to Plaintiff’s First Amended Complaint, filed on 6-3-22 under ROA No. 60, is OFF CALENDAR as MOOT based on the court’s ruling as to Motion No. 1.

Plaintiff is to give notice.

The court CONTINUES the Case Management Conference to 12-20-22 at 9:00 a.m. in Department C32.

Plaintiff is to give notice.