Judge: Lee W. Tsao, Case: 22NWCV00150, Date: 2023-01-05 Tentative Ruling

Case Number: 22NWCV00150    Hearing Date: January 5, 2023    Dept: C

COTA v. MARTIN

CASE NO.:  22NWCV00150

HEARING:  01/05/23

#3

TENTATIVE ORDER

Defendant MARCO ANTONIO MARTIN’s Demurrer to Plaintiff’s Complaint is OVERRULED.

Opposing Party to give Notice.

This action for financial elder abuse was filed by Plaintiff LORRAINE L. COTA (“Plaintiff”) on March 3, 2022.

On April 26, 2022, Defendant MARCO ANTONIO MARTIN (pro per) (“Martin”) filed the following documents: Notice of Demurrer; Declaration of Compliance with CCP 430.41; and Proposed Order. Although the Notice references a Points and Authorities in Support of Demurrer, no Memorandum of Points and Authorities has been filed/lodged with this Court as of January 3, 2023.

The demurrer is procedurally defective. A demurrer must distinctly specify the grounds upon which any of the objections to the complaint are taken. If it fails to do so, it may be disregarded. (CCP §430.60.) Moreover, each ground in a demurrer must be in a separate paragraph and must state whether it applies to the entire complaint or to a specified cause of action. (CRC Rule 3.120(a).)

Here, Defendant filed a Notice of Demurrer, but no separate Demurrer or Memorandum of Points and Authorities as required by the Code and CRC.

Thus, the Demurrer is OVERRULED.