after I oppose a demmurrer and motion to strike, and defendants reply, can I amend my original complaint and have the court take off the demurrer/MTS hearing off calendar a couple days before the hearing?
Answer
If you are amending your complaint then you do not need to oppose the demurrer and motion to strike. As long as you file your amended complaint before the hearing the demurrer and motion to strike will become moot.
Take note that if you intend to amend the complaint do it as soon as possible. Also call and let the clerk know that you'll be filing an amended complaint so the judge doesn't waste his or her time working up the demurrer and the motion to strike. The judge will appreciate your courtesy.
Answer
I agree with Mr. Tashjian.
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