Harding v. Peters
By Defendant Lurline Peters on Demurrer to Complaint
Motion type
Parties
Ruling
(49) Tentative Ruling
Re: Harding v. Peters Superior Court Case No. 25CECG05824
Hearing Date: August 6, 2026 (Dept. 502)
Motion: By Defendant Lurline Peters on Demurrer to Complaint
Tentative Ruling:
To overrule as moot. (Code Civ. Proc., § 472, subd. (a).)
Explanation:
A party may amend its pleading any time after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition. (Code Civ. Proc., § 472, subd. (a).) Here, plaintiff Joseph Harding timely filed a first amended complaint on July 24, 2026 in lieu of an opposition to the demurrer filed by defendant Lurline Peters. The matter is now mooted by a superseding pleading, and the demurrer is overruled.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: lmg on 8-4-26. (Judge’s initials) (Date)
5
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