Judge: Mark H. Epstein, Case: 19SMCV01709, Date: 2023-05-08 Tentative Ruling

The Court generally uploads tentative rulings the morning of the hearing.  Because of that, the parties cannot submit on the tentative the night before and not appear.  However, if after reviewing the tentative ruling ALL COUNSEL submit, they should tell the Court's judicial assistant when checking in and the Court will endeavor to either not hear the case in light of the submission or, if the Court believes that a hearing is still needed for some other reason, then the Court will be inclined to give priority.

In some cases, tentative rulings may be given by email the morning of the hearing rather than on the tentative ruling site.  Please check your email if you have not seen the tentative.  The email is generally sent to the persons who have signed up for a remote hearing.

For those appearing in the courtroom, the Court will provide a hard copy of the tentative ruling. 

Case Number: 19SMCV01709    Hearing Date: May 8, 2023    Dept: R

The court is in receipt of Tenser’s ex parte application to exceed the page limits for purposes of a combined opposition to two demurrers. 

Currently on calendar for May 23, 2023 are four motions.  Two Special Motions to Strike and two demurrers.  Only the demurrers are subject to the present request.

One demurrer is brought by the attorney defendants, the other is brought by the other defendants.  The attorney defendants have some arguments unique to them, but the arguments brought by the other defendants essentially also apply to the attorney defendants.  Tenser proposes filing one opposition that will address both demurrers and seeks additional pages to do so.

The court agrees that some additional pages are appropriate for a unified opposition.  That is more efficient for the court and for Tenser.  However, Tenser asks for 40 pages, which the court believes is excessive for a pleading motion.  (The SMS is not strictly a pleading motion.  It is a speaking motion in which additional evidence can be considered to determine if the cross-complaint involves protected activity and will of necessity require evidence to determine whether Tenser has made a sufficient showing on the merits.  No evidentiary showing is required or proper on demurrer.)

The court will allow Tenser 22 pages for the combined opposition.  The court believes that is sufficient.

The court will allow defendants to file a combined reply if they wish.  They will have 15 pages if they so choose.