Judge: H. Jay Ford, III, Case: 24SMCV01251, Date: 2024-06-25 Tentative Ruling
Case Number: 24SMCV01251 Hearing Date: June 25, 2024 Dept: O
Case Name: Blake v. Langer, et al.
Case No.: 24SMCV01251 Complaint Filed: 3-18-14
Hearing Date: 6-25-24 Discovery C/O: N/A
Calendar No.: 18 Discovery Motion C/O: N/A
POS: OK Trial Date: None
SUBJECT: DEMURRER WITHOUT MOTION TO STRIKE
MOVING PARTY: Pro per Defendant Jeremiah Michael Langer
RESP. PARTY: Plaintiff Meredith Blake
TENTATIVE RULING
Defendant Jeremiah Michael Langer’s Demurrer without Motion to Strike is OVERRULED due to insufficient notice pursuant to CCP §§ 1005, 1010.6. Furthermore, the demurrer attacks the non-operative original complaint as the FAC was served on Defendant 3-31-24, a day after the demurrer was filed on 3-30-24. Additionally, Defendants substantive arguments lack merit
Defendant’s RJN is GRANTED. “Courts can take judicial notice of the existence, content and authenticity of public records and other specified documents, but do not take judicial notice of the truth of the factual matters asserted in those documents.” (Glaski v. Bank of America (2013) 218 Cal.App.4th 1079, 1090.)
