Judge: Mark E. Windham, Case: 23STLC05137, Date: 2024-01-11 Tentative Ruling

Case Number: 23STLC05137    Hearing Date: March 28, 2024    Dept: 26

California Unique Security Services, Inc v. Rezabala, et al.

DEMURRER

(CCP §§ 430.10, et seq.)

TENTATIVE RULING:

Defendant Carlos Rezabala’s Demurrer to the Complaint is STRICKEN. DEFENDANT IS TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On August 14, 2023, Plaintiff California Unique Security Services, Inc. (“Plaintiff”) filed this action for conversion and common count for money against Defendant Carlos Rezabala (“Defendant”). On November 27, 2023, Defendant filed the instant Demurrer to the Complaint (styled as a “Motion to Dismiss”). The Demurrer came for hearing on January 11, 2024, at which time the Court noted that it was not accompanied by a proof of service demonstrating service of the moving papers and notice of hearing on Plaintiff. (Minute Order, 01/11/24.) Nor was the Demurrer accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Ibid.) The Court continued the hearing date to allow Defendant to file proof of service of the moving papers and notice of hearing date, and the file and serve a meet and confer declaration. (Ibid.) To date, no papers have been filed by Defendant as ordered. Accordingly, the Court strikes the Demurrer pursuant to its inherent authority under Code of Civil Procedure section 436, subdivision (b).

Defendant Carlos Rezabala’s Demurrer to the Complaint is STRICKEN. DEFENDANT IS TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 20 DAYS OF THIS ORDER.

Court clerk to give notice.