Judge: Anne Richardson, Case: 23STCV21643, Date: 2024-03-04 Tentative Ruling
Case Number: 23STCV21643 Hearing Date: March 4, 2024 Dept: 40
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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. |
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.