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https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-472.html
(a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment.
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
A party may amend the pleading complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer or motion to strike, demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended …
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
Jan 01, 2007 · (j) Time to respond after demurrer Unless otherwise ordered, defendant has 10 days to answer or otherwise plead to the complaint or the remaining causes of action following: (1) The overruling of the demurrer; (2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or
https://law.justia.com/codes/california/2016/code-ccp/part-2/title-6/chapter-8/section-472
(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer.
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-586.html
(1) If the complaint has been amended, and the defendant fails to answer it, as amended, or demur thereto, or file a notice of motion to strike, of the character specified in Section 585, within 30 days after service thereof or within the time allowed by the court.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=430.41.
If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.
https://www.worklawyers.com/civil-lawsuit-deadlines-california/
Complaint Amendments: Generally, a plaintiff is entitled to amend their complaint as a matter of course any time before an answer has been filed by the defendant or before a hearing on a demurrer has occurred, whichever is earlier. 39 An amendment to a complaint, however, restarts the clock for the defendant to answer.
http://www.christian-attorney.net/amend-complaint-motion.html
NOTE: CCP § 472 provides that a party may amend its pleading once without leave (permission) of the court at any time before the answer, demurrer, or motion to strike is filed. Code of Civil Procedure §474. See Winding Creek v. McGlashan (1996) 44 Cal.App.4th 933.
https://www.jdsupra.com/legalnews/changes-to-the-california-code-of-civil-14570/
Dec 21, 2015 · An amended complaint must now be filed no later than the date an opposition to the demurrer is due. An amended pleading can only be filed after …
https://www.lawguru.com/legal-questions/california-general-civil-litigation/civil-complaint-ammended-filed-point-431128984/
The plaintiff may, generally, file an amended complaint, after these responses were filed, as long as the filing is before the court rules on the demurrer or motion to strike. (There are always exceptions, though.) 2.
https://www.jdsupra.com/legalnews/revised-california-rules-intended-to-95686/
Apr 28, 2016 · Now, a party can amend its pleading as of course after a demurrer is filed but before it is heard if the amended pleading is filed and served by the date for filing an opposition to the demurrer. A...
https://law.justia.com/cases/california/court-of-appeal/2d/220/744.html
Brown v. Brown (1959) 169 Cal. App. 2d 54 [337 P.2d 140], was an appeal from an order dismissing a second amended complaint. The demurrer to the first amended complaint had been sustained with 10 days leave to amend. Some 49 days thereafter the plaintiffs filed a second amended complaint.
https://lewisllewellyn.com/litigation-tip-important-changes-to-the-california-code-of-civil-procedure-regarding-demurrers/
Jan 13, 2016 · An amended complaint must now be filed no later than the date an opposition to the demurrer is due. An amended pleading can only be filed after that date pursuant to a stipulation of the parties. In short, the new rules will limit the number of amended complaints and …
https://forum.freeadvice.com/threads/first-amended-complaint-render-demurrer-moot.532710/
Nov 02, 2010 · However, if the first amended complaint is filed prior to answer but after a demurrer has been filed, then, because the FAC replaces the initial complaint, it automatically disposes of the pending demurrer. As you’ve been told - the FAC results in the clerk removing the hearing on the demurrer from the court’s motion calendar.
https://caselaw.findlaw.com/ca-court-of-appeal/1128604.html
Code of Civil Procedure 1 section 472 provides: “Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as …
https://www.plaintiffmagazine.com/recent-issues/item/finding-opportunity-in-the-demurrer
You might just call the other side and tell them that an amended complaint will be filed, making the demurrer moot. Or just file it before the hearing. (Under Code Civ. Proc., § 472, if the complaint has not yet been amended, you can file an amendment complaint as of right, right up until the date set for hearing on the demurrer.
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