Judge: Linda S. Marks, Case: 2021-01232587, Date: 2022-10-24 Tentative Ruling

1. Demurrer to Complaint filed by Shea Properties Management Company and Seaside Meadows, LLC on 6/16/22
2. Motion to Strike Portions Of Complaint filed by Shea Properties Management Company on 6/16/22

Defendants Seaside Meadows, LLC and Shea Properties Management Company, Inc. (“Defendants”) filed a Demurrer as to the third cause of action for breach of implied warranty of habitability in violation of Civil Code section 1941.1, seventh cause of action for intentional infliction of emotional distress, eleventh cause of action for unfair business practices in violation of Business and Professions Code section 17200 et seq, and twelfth cause of action for fraudulent concealment. Defendants also filed a Motion to Strike certain portions of the Complaint.

Plaintiff did not file an opposition until October 18, 2022 when the deadline to file and serve the opposition was October 11, 2022. (Code Civ. Proc., § 1005.) “A trial court has broad discretion under rule 3.1300(d) of the California Rules of Court to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for late submission.” Mackey v. Board of Trustees of California State University (2019) 31 Cal.App.5th 640, 657; Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [“[A] trial court has broad discretion to accept or reject late-filed papers.”].) The court declines to consider the untimely opposition, which was filed only four court days before the hearing.

Plaintiff’s failure to timely oppose the Demurrer and Motion to Strike may be treated as an abandonment of the claims to which the moving party objected. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) As such, the court construes Plaintiff’s failure to oppose the Demurrer and Motion to Strike as an abandonment of any opposition to the issues raised in the moving and demurring papers. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)

Tentative Ruling: The Demurrer is SUSTAINED with 30 days leave to Amend. The Motion to Strike is GRANTED with 30 days leave to Amend. The portions identified in the Notice of the Motion to Strike are stricken. (See ROA # 28, pp. 1:27-10:10.)

Moving parties to give notice