Judge: Deborah C. Servino, Case: 30-2022-01259898, Date: 2022-08-26 Tentative Ruling

Defendants Shahin Motamed Hashemi and Zeynep Motamed Hashemi’s motion to strike portions of Plaintiff Carolina Ordonez’s Complaint, is denied as untimely.

Code of Civil Procedure section 435, subdivision (b)(3) states: “A notice of motion to strike a demurrer, or a portion thereof, shall set the hearing thereon concurrently with the hearing on the demurrer.” (Code Civ. Proc., § 435, subd. (b)(3).) This timing restriction is repeated in the Rules of Court, which provide: “A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.” (Cal. Rules of Court, rule 3.1322(b).)

Here, Defendants’ motion to strike was not noticed to be heard at the same time as their demurrer, which the Court heard on August 12, 2022. (8/12/2022 Minute Order.) In ruling on the demurrer, the Court already ordered Defendants to file an answer to the Complaint.  Accordingly, the court declines to rule on the motion to strike. 

Plaintiff shall give notice of the ruling.