Judge: Mark H. Epstein, Case: 23SMCV00838, Date: 2023-05-02 Tentative Ruling

Case Number: 23SMCV00838    Hearing Date: May 2, 2023    Dept: R

The ex parte application to advance the demurrer hearing is GRANTED.  The court is aware of the other case involving Elmoquaddem in which she is attempting to sell the property but allegedly cannot do so because defendant will not leave.  Whether the UD case is successful or not, it must be decided quickly.  Accordingly, the demurrer will be advanced.  It is currently set for June 6, 2023.  The court will advance it to May 16, 2023.  The opposition has already been filed.  The optional reply brief may be filed per code tethered to the new hearing date.

That said, the court was told that the tenant would be vacating by April 30.  If that is the case, then the motion is MOOT.

This ruling should not be read as an indication as to how the court views the underlying demurrer.