Legal Question in Civil Litigation in California

Games like that are highly likely to get you sanctioned in the form of an order that you pay the other side's fees and expenses for attending the hearing when you had plenty of time to file and serve the amended pleading before they incurred those expenses. Furthermore, in most courts if you don't get the tentative and then notify the court that you intend to appear, it becomes the order of the court. If the tentative is to sustain the demurrer without leave to amend, you will have lost the right to amend and filing an amended complaint after that would be contempt of court. I have never met a judge who will put up with those kinds of games, and even if you get away with it you will have made an enemy of the court.

I agree with Mr. McCormick.

While the rules state you can file an amended complaint at any time prior to the hearing on the demurrer, you need to understand that the judge and his staff spend time preparing for the hearing, as does your opponent. A great way to distance the court from your position is to waste their time with what would appear to be game playing.