Judge: Eddie C. Sturgeon, Case: 37-2022-00047645-CU-OE-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2022-00047645-CU-OE-CTL DAVIS VS MGROUP HOSPITALITY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 04/12/2023

Defendant MGroup Hospitality, LLC's Demurrer is SUSTAINED with leave to amend. Request for judicial notice is denied.

On December 1, 2023 the parties came before the court for a hearing on what appeared to be an unopposed demurrer. At the hearing, Plaintiff's counsel argued that Defendant had not properly served the demurrer. The court specifically and expressly asked the parties whether they would like to move forward on the merits or first resolve the issue of service. After discussion, the latter option was chosen and the court modified its tentative ruling as follows: A hearing on the merits of the demurrer is continued until the court determines whether service was proper. The court will hear from the parties as to that issue on January 26, 2024 at 9 a.m. with filing and service of papers to code. The moving and opposition papers shall be no more than 10 pages. Any reply shall be no more than 5 pages.

(See ROA 20.) The court now finds an opposition brief filed by Plaintiff addressing both service and the merits of the demurrer and finds no papers from Defendant with respect to either service or the merits.

Given the lack of opposition on the issue of service, any reply on behalf of Defendant on the merits or otherwise, and in light of Plaintiff's papers attesting to the facts leading up to the demurrer (see generally ROA 26, Greenberg Decl.), the court finds that service of the demurrer was inadequate and that the demurrer is now sustained with leave to amend.

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