Judge: Martha K. Gooding, Case: 22-01281261, Date: 2023-07-24 Tentative Ruling

1) Demurrer to Complaint

2) Case Management Conference

The Demurrer by Defendant Board of Trustees of the California State University (“Defendant”) to the Complaint filed by Plaintiff Son Hong (“Plaintiff”) is CONTINUED to August 28, 2023, at 1:30 p.m. in this Department.  The Case Management Conference is continued to the same date and time.

The Demurrer was e-served.  However, the sender’s email address was not included on the proof of service as Code of Civil Procedure section 1013b, subsection (b)(1) requires.  The statute provides that proof of electronic service must include “[t]he electronic service address and the residence of business address of the person making the electronic service.” 

Given that no opposition was filed, the Court is unable to verify proper notice of Defendant’s Demurrer on Plaintiff.

As a result, Defendant is ordered to file an amended proof of service showing service that is compliant with the California Rules of Court and Code of Civil Procedure, no later than 5 court days before the continued hearing date.

Defendant is ordered to give notice.