Judge: Mark E. Windham, Case: 23STLC06456, Date: 2023-12-21 Tentative Ruling

Case Number: 23STLC06456    Hearing Date: March 21, 2024    Dept: 26

Casillas v. Kyle+Shahida, LLC, et al.

DEMURRER

(CCP § 430.10)

TENTATIVE RULING:

Defendant Kyle+Shahida, LLC’s Demurrer to the Complaint is STRICKEN.

THE COURT SETS AN ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT FOR MAY 23, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Jose Casillas (“Plaintiff”) filed the instant action for civil rights violations against Defendant Kyle+Shahida, LLC (“Defendant”) on October 9, 2023. Defendant filed the instant Demurrer to the Complaint on November 29, 2023. The Demurrer initially came for hearing on December 21, 2023, at which time the Court ruled that its procedural defects had to be corrected, as follows: (1) the Demurrer was filed by Defendant, a corporation, in propria persona, through a non-lawyer; and (2) the Demurrer was not accompanied by a proof of service demonstrating that it, or notice of the hearing date, was served on Plaintiff. (Minute Order, 12/21/23.) The Court ordered Defendant to file a substitution of attorney demonstrating it was represented by a licensed attorney and proof of service of the Demurrer papers and notice of new hearing date by February 22, 2024. To date, no papers have been filed as ordered.

Accordingly, the Court strikes the Demurrer pursuant to its inherent authority under Code of Civil Procedure section 436, subdivision (b).

Conclusion

Defendant Kyle+Shahida, LLC’s Demurrer to the Complaint is STRICKEN.

THE COURT SETS AN ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT FOR MAY 23, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Court clerk to give notice.