Shkolnik

INTRODUCTION

The defendants filed a demurrer to the plaintiff’s second amended complaint for claims relating to the foreclosure of his home. The self-represented plaintiff filed opposition as well as a motion for leave to file an amended complaint and proposed third amended complaint in which he alleged new causes of action. On the date set for hearing on the demurrer and motion for leave to file the amended complaint, the trial court told the defendants they could file a response to the plaintiff’s motion for leave to amend and then the matter would be taken under submission. Citing the interests of judicial economy, the trial court issued its ruling in which it granted the plaintiff’s motion for leave to file an amended complaint; deemed the third amended complaint filed as of the week before; deemed the demurrer to the second amended complaint and opposition to the motion for leave to amend to be a demurrer to the third amended complaint; and— without ever affording the plaintiff the opportunity to respond to this purported demurrer in any manner whatsoever—sustained this so-called demurrer to the third amended complaint without leave to amend. The plaintiff appeals from the…