Judge: Douglas W. Stern, Case: 22STCV33017, Date: 2023-05-17 Tentative Ruling
Case Number: 22STCV33017 Hearing Date: May 17, 2023 Dept: 68
Knight’s Restaurant Group,
Inc. vs. Ninja Plumber Inc., et al.; 22STCV33017
MOVING PARTY: Plaintiff Knight’s Restaurant
Group, Inc.
RESPONDING PARTY: Defendants Ninja Plumber
Inc. and Mor Cazakov
Demurrer to Answer to First Amended Complaint
This
action was originally filed by Plaintiff on October 7, 2022. The case arises
from Defendants’ alleged failure to complete work at Plaintiff’s establishment
and Defendants’ alleged misrepresentations as to the work that was performed.
Plaintiff’s First Amended Complaint alleges seven causes of action for (1) Intentional
Misrepresentation; (2) violations of Penal Code Sections 496(a) & (c); (3)
Unjust Enrichment; (4) Negligent Misrepresentation; (5) Conversation; (6) Money
Had and Received; and (7) Concealment.
Plaintiff
filed its First Amended Complaint on January 10, 2023. Defendants filed their
answer on March 6, 2023. Plaintiff filed its demurrer to the answer on April
17, 2023. Because the hearing is on May 17, 2023, any opposition or amended answer
filed pursuant to CCP § 472(a) was due nine court days before the hearing. Nine
court days before the hearing would have been May 4. However, Defendants did
not file their amended answer at that time.
It was filed on May 8, 2023.
The
Court could refuse to accept Defendants’ amended answer as untimely and go
forward with the hearing on the demurrer to the originally filed answer. However,
even if the demurrer were sustained, the Court would likely grant leave to
amend.
Therefore,
the Court shall take the hearing on the demurrer off calendar. However, both
parties have now filed late amended pleadings. The court will not tolerate
further similar failures. Further failure to timely file documents may result
in the papers being stricken and sanctions being awarded. The Court expects
attorneys to follow the statutes and rules of practice.
II. ORDER
1.
Plaintiff’s Demurrer to Defendants’ Answer is
taken off the calendar.
2.
Defendants’ First Amended Answer filed on May
8, 2023.
3.
The First Amended Answer is deemed served as
of the date of service of notice of this ruling.