Judge: Loren G. Freestone, Case: 37-2022-00043297-CU-BC-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00043297-CU-BC-CTL CALIFORNIA CLUB MEDS INC VS COMMERCIAL-DIAMOND LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING The hearing on the order to show cause why California Club Med Inc.'s complaint should not be stricken and why the case should not be dismissed without prejudice is CONTINUED.

Defendant Commercial-Diamond LLC's demurrer to Plaintiff California Club Meds Inc.'s complaint is also CONTINUED.

The court ordered Commercial-Diamond to give notice of the OSC and continued hearing on the demurrer. (ROA #62.) Commercial-Diamond did not send notice until January 29, 2024, only 13 court days before the hearing.

(ROA #63–64.) The address where the notice was mailed does not match the address for California Club Meds that is listed on the order granting its former attorneys' motion to be relieved. (ROA #51.) Although the notice was also e-served, that is not an acceptable method of service for unrepresented parties unless they expressly consent. (Code Civ. Proc., § 1010.6, subd. (c)(1)–(3); Cal. Rules of Court, rules 2.251(c)(3)(B), 2.253(b)(2)–(3); Super. Ct. San Diego County, Local Rules, rule 2.1.4.) The hearings on the OSC and demurrer are therefore continued to April 12, 2024 at 10:30am.

Commercial-Diamond is ordered to give notice of both this order and the December 21, 2023 order by acceptable means. A minimum of 16 court days' notice shall be provided, plus any additional days required based on the manner of service.

Calendar No.: Event ID:  TENTATIVE RULINGS

3069299  42