Tentative ruling on Nov. 12, 2023 in Shasta County, CA - Case no: xxxxx491

LIMON VS. CITY OF REDDING, ET AL.
Case Number: 23CV-0202491
Tentative Ruling on Demurrer: The present motion is unopposed. Defendant State of California
generally demurs to the third cause of action labeled res ipsa loquitur in the Complaint filed on
June 15, 2023. Despite meet and confer efforts, the parties could not reach a resolution resulting
in Defendant filing the present demurrer. On November 3, 2023, Plaintiff filed a First Amended
Complaint (“FAC”) which removes the challenged third cause of action. A plaintiff is only entitled
to file an amended complaint without leave of court prior to the deadline for the opposition to the
demurrer. CCP § 472. The FAC was filed after this deadline and without leave of court. Plaintiff
is admonished for failing to sufficiently meet and confer in good faith prior to the filing of the
demurrer and for their failure to file a timely FAC in compliance with CCP § 472. Despite the
procedu….....