Judge: Mark E. Windham, Case: 24STLC01834, Date: 2024-06-10 Tentative Ruling

Case Number: 24STLC01834    Hearing Date: June 10, 2024    Dept: 26

Valadez v. Becerra, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Martin Becerra’s Demurrer to the Complaint is CONTINUED TO AUGUST 19, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 29, 2024, DEFENDANT IS TO FILE A PROOF OF SERVICE DEMONSTRATING SERVICE OF THE DEMURRER, SUPPORTING PAPERS, AND NOTICE OF THE NEW HEARING DATE ON PLAINTIFF JONATHAN VALADEZ. FAILURE TO DO SO MAY RESULT IN THE DEMURRER BEING OVERRULED.

ANALYSIS:

Plaintiff Jonathan Valadez (“Plaintiff”) filed the instant action against Defendant Martin Becerra (“Defendant”) on March 14, 2024. Defendant filed the instant Demurrer to the Complaint on May 2, 2024. No opposition has been filed to date.

The Demurrer and supporting document are not accompanied by a proof of service demonstrating they were served on Plaintiff. Nor is there any indication that Plaintiff was given notice of the hearing. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Accordingly, the hearing on the Demurrer is continued to allow for Defendant to provide proper notice of the papers and new hearing date.

Conclusion

Defendant Martin Becerra’s Demurrer to the Complaint is CONTINUED TO AUGUST 19, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 29, 2024, DEFENDANT IS TO FILE A PROOF OF SERVICE DEMONSTRATING SERVICE OF THE DEMURRER, SUPPORTING PAPERS, AND NOTICE OF THE NEW HEARING DATE ON PLAINTIFF JONATHAN VALADEZ. FAILURE TO DO SO MAY RESULT IN THE DEMURRER BEING OVERRULED.

Court clerk to give notice.