MICHAEL WASILEWSKI VS. RENEE HANSEMANN, ET AL

July 29, 2026, Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________ 2:00 PM - LINE 9 25-CLJ-02194 MICHAEL WASILEWSKI VS. RENEE HANSEMANN, ET AL

MICHAEL WASILEWSKI PRO PER RENEE HANSEMANN

MOTION FOR LEAVE TO AMEND REQUEST TO FILE OPPOSITION TO DEMURRER DUE TO "BAD FAITH"

TENTATIVE RULING:

Plaintiff’s motion is DENIED as moot. The court heard defendant’s demurrer on February 18, 2026. The minutes show that plaintiff was present in person and defendant State Farm’s counsel appeared by Zoom.

Before the hearing, the court issued a tentative ruling, which it adopted at the hearing. The tentative ruling provided in part that “[d]efendant State Farm General Insurance Company’s demurrer to plaintiff Michael Wasilewski’s complaint is SUSTAINED with leave to amend. Any amended complaint must be filed within ten (10) days of notice of entry of the formal order” and further required defendant’s counsel to prepare the formal order.

Code of Civil Procedure, section 472b states in pertinent part that “[w]hen a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes.” Defendant’s counsel did not submit a formal order for the court’s signature. Instead, defendant served notice of the tentative ruling, which the court adopted in full at the hearing.

In future, defendant’s counsel is reminded to submit the proposed order for the court’s signature. Notwithstanding that the court did not sign the tentative ruling, that was the court’s order and plaintiff had notice, both at the hearing and pursuant to notice of entry of the order on the tentative ruling, that the demurrer was sustained with leave to amend. Plaintiff has not filed a first amended complaint, and the time to do so has long since run.

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, defendant State Farm’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.