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
Hearing Date
November 03, 2017
Type
Other Contract (General Jurisdiction)
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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