Judge: Melvin D. Sandvig, Case: 21CHCV00517, Date: 2022-08-12 Tentative Ruling
Case Number: 21CHCV00517 Hearing Date: August 12, 2022 Dept: F47
Dept. F47
Date: 8/12/22
Case #21CHCV00517
DEMURRER TO THE
SECOND AMENDED COMPLAINT
Demurrer filed on 7/8/22.
MOVING PARTY: Defendants William
J. Schrey and Diana C. Schrey, as trustees of the Schrey Trust dated June 12, 2018
RESONDING PARTY: Plaintiff Juan
Orozco
NOTICE: ok
Demurrer is to the 1st and 2nd
causes of action:
1. Specific Performance
2. Breach of Contract
3. Declaratory Relief (dismissed on 6/27/22)
RULING: The hearing will be continued.
Defendants are reminded for the fourth time
to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing
for Civil. When e-filing documents,
parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at
page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended
General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4); (10/29/21
Minute Order; 11/12/21 Minute Order; 5/13/21 Minute Order). Defendants have, again, failed
to bookmark the declaration attached to the demurrer. Failure to comply with these requirements in
the future may result in matters being
placed off calendar, matters being continued so documents can be resubmitted in
compliance with these requirements, documents not being considered and/or the
imposition of sanctions.
Additionally, Defendants refer to a Request for Judicial
Notice purportedly filed with the demurrer; however, no such request was
filed. (See Demurrer p.1:15-16,
p.6:3-4, p.8:19, p.9:18-19). Also, the
proof of service attached to the demurrer does not indicate that the Request
for Judicial Notice was served. (See
Demurrer p.13).
Further, the opposition indicates that it was served on
Defendant’s counsel by email at hglongatty@gmail.com. (See Opp. p.9). While hglongatty@gmail.com
is listed as the email address for Defendant’s counsel on the caption of the
demurrer, on the same day the demurrer was filed and served, Defendant’s
counsel filed and served two Notices of Change of Address or Other Contact
Information which indicates the email address for defense counsel is eservice@evict123.com. (See Notices of Change filed on
7/8/22). The eservice@evict123.com address is also
the email address of record for attorney Long in eCourt. No reply to the opposition has been
filed. As such, it is not clear whether
the opposition was received by defense counsel.
Based on the foregoing, the hearing will be
continued. Defendant is ordered to file,
with properly bookmarked exhibits, and serve the Request for Judicial Notice
referenced in the demurrer by 4:00 p.m. on 8/12/22. Plaintiff is ordered to serve the opposition
on defense counsel at defense counsel’s email address of record. Any reply is due to be filed and served at
least 5 court days before the continued hearing date.