Judge Lee W. Tsao, Case Number: 24NWCV00190, Date: 2024-06-20 Tentative Ruling

Judge: Lee W. Tsao, Case: 24NWCV00190, Date: 2024-06-20 Tentative Ruling

Case Number: 24NWCV00190 Hearing Date: June 20, 2024 Dept: C

ALDACO v. VAZQUEZ

CASE NO.: 24NWCV00190

HEARING: 06/20/24

I. Cross-Defendant ANDREW CRUZ ALDACO’s Demurrer to Cross-Complainants’ RICHARD R. VAZQUEZ and STEPHANIE MONTEZ’s Cross-Complaint is CONTINUED to Thursday, July 18, 2024 at 10:30 a.m. in Dept. SE-C.

II. Cross-Defendant ANDREW CRUZ ALDACO’s Motion to Strike Portions of Cross-Complainants’ RICHARD R. VAZQUEZ and STEPHANIE MONTEZ’s Cross-Complaint is CONTINUED to Thursday, July 18, 2024 at 10:30 a.m. in Dept. SE-C.

Moving Party to give notice.

This action was filed on January 18, 2024 by Plaintiff/Cross-Defendant ANDREW CRUZ ALDACO (“Cross-Defendant”).

On March 12, 2024, Defendants/Cross-Complainants RICHARD R. VASQUEZ and STEPHANIE MONTEZ (collectively “Cross-Complainants”) filed the subject Cross-Complaint. At the time the Cross-Complaint was filed, the Cross-Complainants were self-represented litigants.

On March 20, 2024, a Substitution of Attorney was filed indicating that Attorney Joseph W. Kellener substituted in as counsel of record for Defendant/Cross-Complainant Stephanie Montez.

The Court’s file reflects that Attorney Kellener also attempted to substitute in as counsel of record for Defendant/Cross-Complainant Richard R. Vasquez. However, the Substitution of Attorney form to effectuate this substitution was REJECTED by the Court due to formatting/clerical discrepancies on the Substitution of Attorney form. At this time, Richard R. Vasquez is still a self-represented litigant.

The Declaration of Neil J. Cacali, filed in conjunction with the subject Demurrer and Motion to Strike indicates that due to a car accident involving Mr. Kellener, and the confusion regarding representation of the parties, no meet and confer occurred prior to the filing of the subject Demurrer and Motion to Strike.

As of June 17, 2024, the subject Motions are unopposed.

This matter is CONTINUED as indicated above. Attorney Kellener is ORDERED to re-file the Substitution of Attorney form to effectuate his substitution in as counsel of record for Richard R. Vasquez.

The parties are further ORDERED to meet and confer in an effort to informally resolve the issues outlined in the subject Demurrer and Motion to Strike, per Code, prior to the hearing date. Opposition and Reply may be filed and served per Code in accordance with the new hearing date.