Judge: Glenda Sanders, Case: 2021-01237081, Date: 2022-07-22 Tentative Ruling

1. Demurrer to Complaint

2. Motion to Strike Portions of Complaint

3. Status Conference

The court notes that the moving papers exceeded the page limit by nearly 13 pages, thus making the brief nearly double that allowed by CRC 3.1113(d). This is not a minor departure from the rules. It is an abandonment of them.

The court declines to consider the demurrer and motion to strike at this time without a satisfactory explanation for moving party’s failure to comply with a basic rule of court.

The court sets a status conference for Wednesday, August 3, 2022 at 1:30PM via Zoom. Moving party shall file a declaration by no later than close of business on July 27, 2022 explaining the reason for filing non-compliant moving papers without seeking leave to do so. The declaration shall not exceed three (3) pages.

The parties are also ordered to meet and confer no later than 5 PM on July 29, 2022, in an effort to resolve the alleged defects in the complaint. The court, having reviewed the complaint and cursorily read the moving papers, considers that the demurrer is thin on merit. But for the prayer for attorneys’ fees which do not appear to be authorized, the motion to strike also appears to be weak.

There shall be no appearance at the July 22, 2022 hearing. The status conference is continued to Wednesday, August 3, 2022 as set forth above.

Plaintiff to give notice.