[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER AND MOTION TO STRIKE

On December 10, 2018, Plaintiff Ronald Auld (“Plaintiff”) filed this action against Defendant Valley Presbyterian Hospital (“Defendant”) for medical negligence and other causes of action arising out of December 17, 2016 treatment. On January 22, 2019, Defendant filed a demurrer and motion to strike. The same day as the hearing on the demurrer, March 20, 2019, Plaintiff filed an opposition to the Demurrer. At the March 20 hearing, the Court continued the hearing to May 8, 2019, and ordered that if Plaintiff wished to alter his opposition, he must file and serve the amended opposition by April 22, 2019. Instead, on April 25, 2019, Plaintiff filed a First Amended Complaint.

“A party may amend its pleading once without leave of 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 pleadi