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.