Judge: Mark E. Windham, Case: 23STLC02832, Date: 2024-06-25 Tentative Ruling

Case Number: 23STLC02832    Hearing Date: June 25, 2024    Dept: 26

Kohansameh v. Habesyan, et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Hudson Insurance Company’s Demurrer to the Complaint is CONTINUED TO JULY 29, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 15, 2024, DEFENDANT HUDSON INSURANCE COMPANY IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION SETTING FORTH DEPARTMENT A’S RULING ON THE NOTICE OF RELATED CASE AND ADDRESSING THE BASIS FOR THIS COURT TO EXERCISE ITS DISCRETION TO CONSIDER THE UNTIMELY DEMURRER.

ANALYSIS:

On April 28, 2023, Plaintiff Lida Kohansameh (“Plaintiff”) filed the Complaint in this action against Defendants Serob Habesyan (“Defendant Habesyan”), Arch Stone Design Showroom, Inc. (“Defendant Arch Stone”), and Noho Tile Center (“Defendant Noho”). On May 24, 2023, Plaintiff added Defendant Hudson Insurance Company (“Defendant Hudson”) via doe amendment. Defendant Hudson was served with the Summons and Complaint on May 26, 2023 but did not file the instant Demurrer to the Complaint until more than a year later, on May 30, 2024. No opposition has been filed to date.  

Discussion

A demurrer to a complaint or cross-complaint must be filed within 30 days after service of the complaint or cross-complaint, unless extended by stipulation or court order. (Civ. Proc. Code, § 430.40, subd. (a).) The Court has discretion to consider an untimely demurrer but must do so when it is in furtherance of justice and on any terms as may be proper. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 749 [citing Code Civ. Proc., § 473, subd. (a)(1).) Here, Defendant Hudson offers no basis for bringing the instant Demurrer so late to demonstrate that an exercise of the Court’s discretion is warranted.

Furthermore, Defendant Hudson filed a Notice of Related Case with respect to The Sangari And Rechner Family Trust, et al. v. Habesyan, et al., LASC Case No. 24BBCV00278 (“Case No. 24BBCV00278”) on May 30, 2024. Case No. 24BBCV00278 was filed in February 2024 and assigned to an unlimited jurisdiction court, Department A in the Burbank Courthouse. As the judge with the earliest filed unlimited civil case, the judge in Department A in the Burbank Courthouse “must determine whether the cases should be ordered related and assigned to his or her department.” (Cal. Rules of Court, rule 3.300(h)(1)(B) [emphasis added] [applying to situations “[w]here the cases listed in the notice include both unlimited and limited civil cases”].)  A case management conference is scheduled for Case No. 24BBCV00278 in Department A on July 1, 2024 at 9:00 am.

Therefore, the Court continues the hearing on the instant Demurrer pending Department A’s ruling on the Notice of Related Case. This will also provide Defendant Hudson an opportunity to file a supplemental brief explaining why the Court should consider the untimely Demurrer, if this action is deemed not related to Case No. 24BBCV00278.

Conclusion

Defendant Hudson Insurance Company’s Demurrer to the Complaint is CONTINUED TO JULY 29, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 15, 2024, DEFENDANT HUDSON INSURANCE COMPANY IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION SETTING FORTH DEPARTMENT A’S RULING ON THE NOTICE OF RELATED CASE AND ADDRESSING THE BASIS FOR THIS COURT TO EXERCISE ITS DISCRETION TO CONSIDER THE UNTIMELY DEMURRER.

Moving party to give notice.