Jember

Discussion Defendants indicate in their respondents' brief that the trial court's May 17, 2012 order striking plaintiffs' second amended complaint was based on the court's July 29, 2011 order sustaining a demurrer to the first amended complaint with leave to amend within 10 days. (See rule 3.1320(g) ["Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted [with exceptions not here applicable]"]; § 472b [After a demurrer is sustained, the time given to amend "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"].) The July 29, 2011 order is not included in plaintiffs' appendix. In their reply brief, however, plaintiffs acknowledge that the court sustained a demurrer in part on July 29, 2011. Plaintiffs now argue that the 10-day period to amend their complaint began running on April 11, 2012, the date on which the Supreme Court denied their petition for review of our order dismissing their prior appeal (H037659).3 They state in their brief

3 We take judicial notice that this court dismissed plaintiffs'…