Judge: Anne Richardson, Case: 23STCV21643, Date: 2024-03-04 Tentative Ruling

Case Number: 23STCV21643    Hearing Date: March 4, 2024    Dept: 40

Superior Court of California

County of Los Angeles

Department 40

 

GILBERT R. VASQUEZ,

                        Plaintiff,

            v.

JIMENEZ INVESTMENTS, INC., a California corporation; JESUS JIMENEZ, an individual aka Jose De Jesus Jimenez; MARTHA JIMENEZ and Does 1 through 10, inclusive

                        Defendants.

 Case No.:          23STCV21643

 Hearing Date:   3/4/24

 Trial Date:        N/A

 [TENTATIVE] RULING RE:

Defendant Jesus Jimenez’s Demurrer to Complaint.

 

 

Court Order

On September 8, 2023, Plaintiff Gilbert R. Vasquez filed a Complaint suing Defendants Jimenez Investments, Inc., Jesus Jimenez, Martha Jimenez, and Does 1 through 10 pursuant to claims of (1) Intentional Voidable Transfer, (2) Express Trust, and (3) Declaratory Relief (Alter Egos).

On November 3, 2023, Defendant Jesus Jimenez, in pro per, filed a demurrer against the Complaint.

On January 25, 2023, Plaintiff Vasquez opposed Jimenez’s demurrer.

On February 28, 2023, Defendant Jesus Jimenez, in pro per, filed a notice of unavailability to eye surgery, noticing his eye surgery on February 26, 2024, and the fact that the surgery has rendered Jesus Jimenez disabled and unable to see for a period ending on March 25, 2025.

The Court must confer with Plaintiff’s counsel and Defendant Jesus Jimenez regarding the effect of this unavailability on this action, particularly where this Defendant is self-represented, as evidenced by his two filings referenced above, though the Court notes Jimenez’s noticed unavailability.

The hearing on Defendant Jesus Jimenez’s Demurrer to Complaint, as well as the Case Management Conference and Order to Show Cause re: Proof of Service are all CONTINUED to March 26, 2024 at 8:30 a.m.

Plaintiff is ordered to give Defendant telephonic and email notice as soon as possible in light of his visual disability at this time.