Judge: John C. Gastelum, Case: 21-01234928, Date: 2023-11-01 Tentative Ruling

(1) Demurrer to Complaint (2) CMC

Tentative Ruling:  Off Calendar – no hearing will be held.

Defendants Builtek Construction & Engineering, a California corporation and Benjamin Drew Abbott’s Demurrer to the Complaint is OVERRULED with five days leave to re-serve and re-file the Demurrer. 

Defendants originally filed their Demurrer on May 9, 2022.  (ROA # 31.)  This Demurrer was procedurally deficient because (1) the demurrer was not served on all parties who have appeared in the action and (2) there was no meet and confer declaration as required by Code of Civil Procedure section 430.41.

The Court continued the hearing on the Demurrer to allow Defendant to properly serve the Notice of Demurrer and Demurrer on all parties and properly meet and confer.

Thereafter, however, Defendants failed to serve the Notice of Demurrer and Demurrer on all parties at least 16 court days before the continued hearing pursuant to Code of Civil Procedure section 1005.  As such, Defendants have not given all parties proper notice of the Demurrer and related hearing.

The Demurrer is OVERRULED with five days leave to re-serve and re-file the Demurrer pursuant to all applicable code.  Any party opposing the Demurrer is permitted to file an opposition per code.

CMC is continued to 3-13-23. Dept. C11, at 8:45 am.

Moving party to give notice.