Judge: John C. Gastelum, Case: 22-01291869, Date: 2023-08-29 Tentative Ruling

(1) Demurrer to Complaint (2) Motion to Strike

Ruling: (1-2) Off Calendar– no hearing will be held.   Defendant Diane J. Rinker (“Defendant”) filed a (1) Demurrer and (2) Motion to Strike.  The hearing on these motions is CONTINUED to 9-12-2023, C11, at 2 pm.

Defense counsel failed to sign the Demurrer and Motion to Strike as required under Code of Civil Procedure section 128.7.  (ROAs 183 and 187.)  Pursuant to Code of Civil Procedure section 128.7:

“Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise provided by law, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.”  (Code Civ. Proc., § 128.7, subd. (a).)

In addition, Defendant failed to file a declaration regarding her meet and confer efforts prior to filing the Motion to Strike.  (Code Civ. Proc., § 435.5.)  Defendant filed a declaration regarding her meet and confer efforts related to the Demurrer but not her efforts relating to the Motion to Strike.  As stated in Code of Civil Procedure section 435.5, “the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.”  (Code Civ. Proc., § 435.5, subd. (a).)  Importantly, the issues raised in the Motion to Strike are different than those raised in the Demurrer.

Defendant Diane Rinker shall file signed pleadings no later than 9-5-23.  Defendant Diane Rinker shall also engage in meet and confer efforts regarding her Motion to Strike and file a meet and confer declaration related to the Motion to Strike no later than 9-7-23.

No further briefing.

Defendant Diane Rinker to give notice.