Defendant Casper Falls Investments, LLC’s Demurrer to the Complaint is TAKEN OFF CALENDAR AS MOOT.

Plaintiff The Bee Construction (“Plaintiff”) filed the Complaint in this action against defendants Western Built Construction, Inc. and Casper Falls Investments, LLC (“Casper Falls”) on March 20, 2017. Plaintiff is entitled to amend at least once without leave to court before the answer or demurrer is filed. CCP § 472(a). Accordingly, on April 6, 2017, Plaintiff filed a First Amended Complaint adding Hudson Insurance Company as a defendant, adding a sixth cause of action, and removing Casper Falls from the first, third, fourth, and fifth causes of action so that those causes of action are no longer alleged against defendant Casper Falls Investments, LLC.

On May 18, 2017, Casper Falls filed this demurrer to “Plaintiff’s Complaint.” The court notes that among other things, Casper Falls’ demurrer challenges the sufficiency of the allegations of the first, third, fourth, and fifth causes of