2017-00219589-CU-OR

Steven Kipgen vs. Wells Fargo Bank, N.A.

Nature of Proceeding: Hearing on Demurrer to Plaintiff’s First Amended Complaint

Filed By: Wheaton, O. Andrew

Defendant’s demurrer to the First Amended Complaint was originally set for hearing on 2/15/2018 but was continued on the court’s own motion to this date to permit the demurring party to file and serve a declaration which satisfies the requirements of Code of Civil Procedure §430.41(a), which explicitly requires the demurring party to meet-and-confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer.

The court, however, did not grant plaintiff leave to file a late opposition to this demurrer and thus, the opposition filed on 3/1/2018 is hereby STRICKEN as untimely.

As the demurrer to the first amended complaint is unopposed, it shall be sustained for the reasons stated in the moving papers.

However, the court reluctantly grants plaintiff leave to amend the complaint but only as to the four causes of action alleged in the original complaint since plaintiff did not obtain leave of court to add new causes of action to the first amended complaint.

Plaintiff may file a second amended complaint no later than 3/26/2018. Although not required by court rule or statute, plaintiff is directed to present a copy of this order when the amended complaint is presented for filing.

Defendant to respond within 30 days if the second amended complaint is personally served, 35 days if served by mail.

If defendant demurs to the amended complaint or moves to strike, a copy of the second amended complaint shall be included with the moving papers.