Judge: Glenn R. Salter, Case: 20-1176700, Date: 2022-09-01 Tentative Ruling

Defendants filed a demurrer and motion to strike as to the Third Amended Complaint.

The plaintiff did not file opposition to these motions.  Nor has he shown good cause why he has not done so.  Therefore, the court may treat this failure as a concession that the motions are meritorious.  (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)

Given the history of this case, plaintiff’s failure to file opposition is surprising.  The court notes in the meet-and-confer declaration that defendants’ counsel indicates only that he e-mailed plaintiff’s counsel.  There is no indication he received any response.  The court further notes that the motions were served only by e-mail.

Accordingly, on the court’s own motion the demurrer and motion to strike are CONTINUED to September 15, 2022, at 1:30 pm.  Counsel are ORDERED to meet and confer either telephonically or in person, as required by the statute.  If the plaintiff does not file any further papers nor appear at the next hearing, the court will assume the plaintiff has abandoned his case.

The defendants shall give notice.