Judge: Lee S. Arian, Case: 22STCV21207, Date: 2025-04-24 Tentative Ruling

Case Number: 22STCV21207    Hearing Date: April 24, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 12, 2025, Plaintiff served Defendant Miriam Cohen with the First Amended Complaint. On March 4 and March 6, 2025, Defendant emailed Plaintiff’s counsel requesting a two-week extension to file an answer. Plaintiff responded, “two weeks extension to file an answer is granted.” The email does not reference a demurrer or any responsive pleading generally. It specifically relates to an extension to file an answer.  On March 25, 2025, Defendant filed the subject demurrer.

Pursuant to Code of Civil Procedure section 430.40, subdivision (a), “a person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.”

 The demurrer was filed more than 30 days after service of the complaint. The email exchanges between the parties relates to filing of an answer and the extension granted by Plaintiff did not encompass the demurrer. Had Defendant requested an extension to file a demurrer, Plaintiff may not have agreed.

In addition, the motion contains several other procedural errors, including an incorrect hearing time listed in the notice of demurrer, and an improper reference to the original complaint rather than the First Amended Complaint.

Pursuant to these procedural errors, the Court overrules the demurrer.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.