Judge: H. Jay Ford, III, Case: 23SMCV04428, Date: 2024-09-10 Tentative Ruling


Case Number: 23SMCV04428    Hearing Date: September 10, 2024    Dept: O

  Case Name:  Longmire v. Blaske

Case No.:

23SMCV04428

Complaint Filed:

9-21-23          

Hearing Date:

9-10-24

Discovery C/O:

N/A

Calendar No.:

3

Discovery Motion C/O:

N/A

POS:

OK

 Trial Date:

None

SUBJECT:                 DEMURRER WITH MOTION TO STRIKE

MOVING PARTY:   Defendant Brandy Blaske

RESP. PARTY:         No responding party as of 9-4-24

 

ORAL TENTATIVE RULING

            Defendant Brady Blaske’s Demurrer to Plaintiff Michael Allen Longmire’s first and only cause of action within his First Amended Complaint  for breach of contract is OVERRULED, without prejudice. 

 

            Defendant Brady Blaske (“Blaske”) demurs to Plaintiff Michael Allen Longmire’s (“Longmire”) FAC, however the Court has no record of a FAC being filed. Blaske references an allegedly filed FAC in the demurrer, so it appears Longmire served Blaske with the FAC, but never filed with the Court. Blaske did not include the FAC filing date in her demurrer, nor did she attach a copy of the FAC to the demurrer.

 

            The Court notes that there is no motion to strike filed, and no motion to strike is mentioned in the caption of the motion, however the hearing scheduled for 9-10-24 is a Demurrer with Motion to Strike. Since there is no motion to strike mentioned or filed alongside or within the demurrer the Court cannot rule on any motion to strike.