Judge: William Y. Wood, Case: 37-2023-00051230-CU-OR-NC, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 25, 2024

04/26/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Other Real Property Demurrer / Motion to Strike 37-2023-00051230-CU-OR-NC MORGAN V. GRIFFITHS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 03/25/2024

Defendant Jack Griffiths' unopposed demurrer (ROA # 24) to the first amended complaint is sustained.

Defendant's motion to strike (ROA # 28) is granted. The Court deems the lack of opposition to the demurrer and motion to strike to be a concession as to the merits of the demurrer and motion to strike.

In addition, notwithstanding the lack of opposition, the Court has reviewed the papers and finds that the demurrer and motion to strike are meritorious.

Plaintiff filed a second amended complaint on April 12, 2024. This filing is untimely. See CCP § 472 ['A party may amend its pleading once without leave of the court...']. The right to amend under CCP § 472 is limited to the original complaint; there is no right to amend (without leave of court) an amended complaint. Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 578-579.

In this case, plaintiff failed to obtain leave of court prior to filing the second amended complaint.

Therefore, the second amended complaint is hereby stricken.

Plaintiff may file a second amended complaint by May 6, 2024.

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, April 26, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of April 26, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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3110916