Mario Giron et al vs The Harbor Restaurant

Case Number

25CV04359

Case Type

Hearing Date / Time

Wed, 11/12/2025 - 10:00

Nature of Proceedings

Demurrer to Plaintiffs' Complaint for Negligence

Tentative Ruling

For Plaintiffs: Scott Meehan

For Defendants: John Thyne III

Issue

Defendant’s Demurrer

RULING

On July 11, 2025, Plaintiffs filed their original complaint in this action. On September 8, Defendant filed a demurrer to the single cause of action in the complaint. No opposition was filed to the demurrer, but on November 6, Plaintiffs filed an untimely first amended complaint. (See Code Civ. Proc., § 472, subd. (a) [amended complaint must be filed on or before opposition to demurrer due].) The Courts deems the filing of the first amended complaint a concession that the demurrer to the original complaint has merit in some respect, that the Courts has sustained that demurrer with leave to amend, and that the first amended complaint is filed and served by electronic service based upon such leave to amend. Defendant’s time to respond to the first amended complaint shall be computed from the electronic service date of November 12, 2025.