Judge: Kerry Bensinger, Case: 24STCV12252, Date: 2025-05-22 Tentative Ruling

Case Number: 24STCV12252    Hearing Date: May 22, 2025    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      May 22, 2025                                                                 TRIAL DATE:  Not set

CASE:                         Charles Tover v. Mark Moss

CASE NO.:                 24STCV12252

DEMURRER WITH MOTION TO STRIKE

MOVING PARTY:               Defendant Mark Moss, in pro per

RESPONDING PARTY:     No opposition

On May 15, 2024, plaintiff Charles Tover filed a complaint against defendant Mark Moss for (1) negligence, (2) breach of fiduciary duty, and (3) breach of contract.

On December 10, 2024, Defendant filed a demurrer and motion to strike the Complaint.

            Plaintiff has not filed an opposition.

            The court notes Defendant’s proof of service of the demurrer and motion to strike is defective.  The proof of service indicates the moving papers were served on August 4, 2023.  However, this action was commenced in 2024.  Accordingly, the court orders the hearing CONTINUED to July 21, 2025 at 8:30 a.m.  Defendant is ordered to meet and confer with Plaintiff and to serve the demurrer and motion to strike and file proof of service.

            The clerk of the court to give notice.

Dated:   May 22, 2025