Judge: Matthew C. Braner, Case: 37-2023-00050446-CU-WM-CTL, Date: 2024-04-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - March 22, 2024

03/22/2024  02:30:00 PM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Writ of Mandate Motion Hearing (Civil) 37-2023-00050446-CU-WM-CTL ARROYO VS PACIFIC RIDGE NEIGHBORHOOD HOMEOWERS' ASSOCIATION CAUSAL DOCUMENT/DATE FILED:

The court will hear from the parties regarding its comments below.

First, Petitioner Rachel Arroyo filed a 'First Amended Petition and Complaint' on February 28, 2024 (ROA #72) after the court had already deemed her 'Motion for Post-Election Declaratory and Injunctive Relief' as her first amended petition nearly four weeks prior. (ROA #63.) In effect, the 'First Amended' petition is really a second amended petition, which was filed without leave of court. Nonetheless, the court believes the more efficient and straightforward path, at this point, is to allow the first amended petition to stand as the operative pleading, continue the hearing on the petition and demurrer, and have Defendants brief their opposition and demurrer in accordance with that document.

Second, it did not appear from Defendant Pacific Ridge's opposition that disputes of fact need to be addressed, but this may be a result of it responding to the motion that had been deemed the amended petition. The court requests input from the parties on this issue.

Calendar No.: Event ID:  TENTATIVE RULINGS

3090180  60