Bank of America, N.A. (“Plaintiff”) filed this collection action on May 22, 2019, against Roxie Williams (“Defendant”). Defendant filed an answer and cross-complaint alleging violations of the Rosenthal Fair Debt Collection Practices Act on September 3, 2019. Plaintiff responded to the cross-complaint by filing the current demurrer.
Under Code of Civil Procedure section 472, a party may amend its pleading once without leave of court at any time after a demurrer is filed, but before the opposition to the demurrer is due. Defendant did so here by filing an amended cross-complaint on December 3, 2019.
In light of the amended cross-complaint, the hearing on the demurrer will be taken off calendar. The matter, however, remains on calendar for a Case Management Conference.