Judge: Armen Tamzarian, Case: 24STCV11987, Date: 2024-11-12 Tentative Ruling

Case Number: 24STCV11987    Hearing Date: November 12, 2024    Dept: 52

Defendant HH&A Investment Inc.’s Demurrer and Motion to Strike Portions of Complaint

Defendant HH&A Investment Inc. demurs to the complaint by plaintiff Ali Erfanian A. Khosravi.  Defendant also moves to strike plaintiff’s prayer for punitive damages.

Defendant did not provide adequate proof of service of the moving papers on plaintiff.  Self-represented parties are not required to accept electronic service “unless they affirmatively consent to electronic service.”  (Cal. Rules of Court, rule 2.251(c)(3)(B); see Code Civ. Proc., § 1010.6, subd. (c).)  Plaintiff is not represented by counsel.  Nothing in the record shows he affirmatively consented to electronic service.  The proofs of service attached to each of the moving papers indicate the papers were served on plaintiff only by email.  The service was therefore invalid and did not give proper notice.

Defendant HH&A Investment Inc.’s demurrer is overruled.  Defendant’s motion to strike is denied.  Defendant shall answer the complaint within 20 days.