Judge: Lee W. Tsao, Case: 23NWCV01387, Date: 2023-10-18 Tentative Ruling

Case Number: 23NWCV01387    Hearing Date: October 18, 2023    Dept: C

Waszkiewicz, et al. v. Duran

CASE NO.:  23NWCV01387

HEARING:  10/18/23 @ 10:30 AM

#8

Defendant’s Demurrer is OVERRULED as untimely.

Plaintiffs to give NOTICE.

Defendant Matilde Anaya Duran demurs to Plaintiff Frances Lara and Lara Waszkiewicz’s Complaint. The Demurrer is unopposed.

Background

Plaintiffs filed a Complaint alleging Fraud and Financial Elder Abuse against Defendant on May 4, 2023 regarding an oral loan agreement in June 2019 between Defendant and her spouse, Jesus Pena, who had passed. Plaintiffs filed their proof of personal service on May 17, 2023. Plaintiffs requested entry of default on July 14, 2023 and default was entered the same day. There is currently an OSC Re: entry of default judgment scheduled for October 25, 2023. Additionally, it appears that Defendant has reserved a hearing date for a Motion to Set Aside Default for February 28, 2024.

Legal Standard

“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.” (CCP § 430.40(a).)

Discussion

Here, Defendant filed her Demurrer on August 1, 2023, more than 30 days after service of the Complaint on May 17, 2023. Defendant’s Demurrer is untimely and, therefore, OVERRULED.