TENTATIVE RULING

DEMURRER

[CCP §430.10 et. seq.]

Calendar: 6

Date: 11/3/17

Case No: EC 066776

Case Name: Chan v. EFX, Inc., et al.

Moving Party: Defendants EFX, Inc. and Bryan Ono

Responding Party: Plaintiff Erik Chan

ANALYSIS:

Plaintiff filed a First Amended Complaint in this action on October 18, 2017, after the filing of the demurrer, and on the date for filing an opposition to the demurrer.

Under CCP § 472:

“(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer...”

The demurrer is should accordingly taken off calendar as moot.

RULING:

Demurrer to the Complaint is taken off calendar as MOOT in light of the filing on October 18, 2017 of a First Amended Complaint.

The parties are ordered to meet and confer in