Judge: James A. Mangione, Case: 37-2022-00016650-CU-PO-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00016650-CU-PO-CTL MCKANRY VS CASTRO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

No tentative opinion. The Court to hear from the parties.

As the Court understands it, Plaintiff was provided an opportunity to file a Section 473 motion to relieve him from his untimely filing of the First Amended Complaint and instructed to submit an opposition to Defendant's demurrer. In accordance with the Court's order, Plaintiff withdrew his First Amended Complaint and filed an opposition to the demurrer. However, Plaintiff failed to file his Section 473 motion within the time required by CCP § 1005. Consequently, the Court cannot analyze the merits of the demurrer until ruling on the Section 473 motion and cannot analyze the merits of the Section 473 motion without first deciding whether the Court will entertain the untimely filing.

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