Judge: Carolyn M. Caietti, Case: 37-2022-00028341-CU-FR-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2022-00028341-CU-FR-CTL ALCARAZ VS FORTUNO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Robert Fortuno and Susan Fortuno's Demurrer to Plaintiff's Complaint is OFF CALENDAR.

Plaintiff filed a First Amended Complaint on September 25, 2023. (ROA 37.) Thus, the demurrer is moot.

(See, C.C.P., § 472(a).) Although not reserved on the Court's calendar, Defendants' Motion to Strike Plaintiff's Complaint is also on file. To the extent this motion is intended to be on calendar, it is also taken OFF CALENDAR as moot in light of the FAC.

The parties are reminded to comply with all statutes, including meet and confer obligations, California Rules of Court, local rules and Department 70's Policies and Procedures. For example, all motion hearings must be reserved online or through the department's calendar coordinator (Local Rule 2.1.19), the moving party must call the court clerk and take demurrers/motions to strike off calendar if an amended complaint is filed (Local Rule 2.1.20.) Failure to call the court can be deemed a violation of the local rules and give rise to an OSC re Sanctions. (Ibid.) Department 70 requires courtesy copies of all motion paperwork. (Dept. 70's Policies and Procedures [available on the San Diego Superior Court website].) The Case Management Conference set for October 6, 2023, 10:30 a.m. remains on calendar.

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