Judge: Douglas W. Stern, Case: 22STCV23696, Date: 2023-04-20 Tentative Ruling

Case Number: 22STCV23696    Hearing Date: April 20, 2023    Dept: 68

Law Offices of L.A. Law Inc., v. Shahrzad Shahili, 22STCV23696

MOVING PARTIES: Plaintiff/Cross-Defendants L.A. Law Inc. and F. Bari Nejadpour (Cross-Defendants)

RESPONDING PARTY: Defendant/Cross-Complainant Shahrzad Shahili

Demurrer to First Amended Cross-Complaint

Rule 3.113(d) had been violated.

Extraneous matter had been submitted.

Cross Complainant Shahrzad Shahili filed her First Amended Cross-Complaint on February 27, 2023. On March 24, 2023 Cross-Defendants F. Bari Nejadpour and L.A. Law Inc. filed their Demurrer. The text of the demurrer begins at page 8 and ends on page 31, with the signature on page 32. It is well in excess of 15 pages of text.  In addition, moving parties filed a declaration purporting to add factual information for the Court to consider.

On April 5, 2023 Cross-Complainant filed her opposition brief. It did not exceed the 15 page limitation. However, it included a declaration of counsel also purporting to address factual matter outside the confines of the Cross-Complaint.  It attached exhibits.

Cross-Defendants filed their reply brief on April 11, 2023. The text began on page 4, and ended on page 16.  It exceeded the 10 page limit.

Rule of Court 3.113(d) limits opening and responding memorandum to 15 pages. Replies are limited to 10 pages. Declarations are generally improper with demurrers, and are certainly improper when presenting facts outside the allegations of the pleading.

ORDER

The Demurrer to the First Amended Cross-Complaint, Declaration of F. Bari Nejadpour, Opposition and Declaration of Behrouz Shafie and Reply are ORDERED STRICKEN.  Rule 3.113(d).

Cross-Defendants are granted until May 2, 2023 to file a new responsive pleading to the First Amended Cross-Complaint.