Demurrer
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Mark D. Flanagan (Covering for Honorable Jeffrey B. El-Hajj) B. Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2228
DATE: August 4, 2026 TIME: 9:00 & 9:01 A.M. TO CONTEST A TENTATIVE RULING, YOU MUST CALL (408) 808-6856 BEFORE 4:00 P.M. ON THE DAY PRIOR TO THE HEARING. You must also inform all parties before 4:00 P.M. the day prior to the hearing that you plan to contest the ruling. The Court will not hear argument, and the tentative ruling will be adopted if these notifications are not made. (Cal. Rule of Court 3.1308(a)(1); Civil Local Rule 8.D.)
LINE # CASE # CASE TITLE RULING LINE 2 25CV458338 Steadfast Insurance Company v. In this action for declaratory and Aratex Services, Inc. et al. other relief, Defendant Vestis Services, LLC filed a demurrer to the original complaint. Plaintiff Steadfast Insurance Company filed in response a notice that it had responded to the demurrer by filing a First Amended Complaint (“FAC”) on July 14, 2026, rendering the demurrer moot.
An amended filing would indeed moot the demurrer. However, as Plaintiff is evidently unaware, also on July 14, the clerk rejected the FAC on the grounds it failed to name all parties (“et al.” being insufficient) on the caption or in the body of the FAC.
Plaintiff is ordered to immediately file a procedurally adequate FAC. The demurrer will be rendered moot if the FAC is filed by August 7, 2026. If it is not, the Court will re-schedule a hearing on the demurrer.
3 IT IS SO ORDERED.
Plaintiff to prepare final order
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