Judge: Kimberly Knill, Case: 30-2022-01278096-CU-FR-CJC, Date: 2023-08-18 Tentative Ruling

Defendant’s Demurrer to Complaint

Defendant, David Hiebsch’s demurrer to complaint is SUSTAINED with 10 days leave to amend.

Defendant’s request for judicial notice is GRANTED as to requests 1-3 and DENIED as to request 4.

The court exercises its discretion to refuse to consider plaintiff’s opposition, for failure to comply with California Rules of Court, rules 3.1113(d) [no memorandum may exceed 15 pages] and 2.108(1) [lines must be one and one-half spaced or double spaced].  (Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 931-934; Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262.)  Plaintiff’s memorandum abuses the Rules of Court by placing substantial authority and argument in single-spaced footnotes, apparently to work around the 15-page limit.

The claims appear to be barred by the statute of limitations, including by virtue of the expiration of the tolling agreement.  (¶ 36.)

If plaintiff chooses to amend, plaintiff is ordered to file a red-lined version and clean version of the first amended complaint.

Defendant to give notice.