Judge: Cynthia A Freeland, Case: 37-2015-00012429-CU-MC-NC, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 21, 2023

12/22/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Misc Complaints - Other Demurrer / Motion to Strike 37-2015-00012429-CU-MC-NC ARMENDARIZ VS. SOWDER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/20/2023

Cross-Defendant South Coast Stump Removal ('Cross-Defendant')'s demurrer to Cross-Complainants Valerie Sowder Renfro, Individually and as Trustee of the Valerie Sowder Renfro UIAID 10/19/87 Separate Property Trust, and James Renfro (collectively, 'Cross-Complainants')'s Cross-Complaint is overruled.

On November 6, 2023, Cross-Complainants filed a First Amended Cross-Complaint (the 'FACC'). See ROA No. 511. The FACC renders the Cross-Complaint moot. See JKC3H8 v. Colton (2013) 221 Cal. App. 4th 468, 477 (citing Slymar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal. App. 4th 1049, 1054). The Cross-Complaint no longer has any effect as either a pleading or a basis for judgment. See State Compensation Ins. Fund v. Sup. Ct. (2010) 184 Cal. App. 4th 1124, 1130-1131.

Accordingly, Cross-Defendant's demurrer is overruled as moot.

In addition, the court finds that Cross-Defendant did not provide sufficient notice of the hearing on this matter. On October 20, 2023, Cross-Defendant filed and served its demurrer and noticed the hearing on the matter for February 9, 2024. See ROA No. 506. On November 13, 2023, Cross-Defendant filed an ex parte application for an order shortening time for the hearing and briefing schedule. See ROA No. 514.

On November 14, 2023, the court granted Cross-Defendant's ex parte application and: (1) advanced the hearing on the demurrer to December 22, 2023 with briefing per Code, and (2) directed Cross-Defendant's counsel to provide notice of the advanced hearing by the close of business on November 17, 2023. See ROA Nos. 519, 520. As of the date of this ruling, however, there is no evidence that Cross-Defendant's counsel provided notice as directed.

In light of the foregoing, the court overrules Cross-Defendant's demurrer to the Cross-Complaint.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, December 22, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 22, 2023.

If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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