Judge: Martha K. Gooding, Case: 22-01267005, Date: 2023-08-07 Tentative Ruling

1) Demurrer to Complaint – CONTINUED

2) Motion to Strike Portions of Complaint – CONTINUED

3) Motion to Quash Service of Summons – CONTINUED

4) Case Management Conference – CONTINUED

Before the Court are three motions: 

(1) ) Defendants Western National Securities and Western National Investments, Inc.  (together, “Western National Defendants”) generally demur to the first cause of action for breach of contract in the Complaint filed by Plaintiff Yolanda Vasquez (“Plaintiff”) and demur to every cause of action (and the entire Complaint) on the ground that another action is pending.  Code Civ. Proc. §430.010(c), (e).  ROA # 41.

(2) The Western National Defendants seek an order striking from Plaintiff’s Complaint the allegation and prayer for punitive damages in the amount of $1 million (para. 87 and prayer item (B)).  ROA # 48.

(3) Defendants Canyon Village, IPS, LP, and Michael Hayde seek an order quashing service of Plaintiff’s Complaint and Summons on them.  Code Civ. Proc. § 418.10(a)(1).  ROA # 52.

No Oppositions have been filed to any of the Motions.

The Court CONTINUES the hearing on all three Motions to October 9, 2023, at 1:30 p.m. in Department C31 based on lack of adequate proof of service.

The Proofs of Service shows that all three motions were served on the same day by email to the following addresses:  agsunillaw@gmail.com; yssunillaw@gmail.com.   See ROA ## 28, 32, 37.

But neither of these email addresses is an address of record for Plaintiff’s counsel, Sunil Shaw, in this action.  See ROA # 7 (Substitution of counsel).  Given the lack of oppositions, the Court cannot conclude that Plaintiff was properly served with the Motions.

Accordingly, the Motions are continued for proper service at an address of record.  Plaintiff shall file with the Court new proofs of service showing proper service of each Motion no later than ten days prior to the continued hearing date.

The Court also CONTINUES the Case Management Conference to October 9, 2023, at 1:30 p.m. in Department C31.

Defendants are ordered to give proper notice of this Order and to file proof of such service with the Court.