Judge: Melvin D. Sandvig, Case: 22CHCV00460, Date: 2022-12-07 Tentative Ruling

Case Number: 22CHCV00460    Hearing Date: December 7, 2022    Dept: F47

Dept. F47

Date: 12/7/22

Case #22CHCV00460

DEMURRER TO THE ORIGINAL COMPLAINT

Demurrer filed on 9/6/22.

MOVING PARTY: Defendant Jose Rojas Dominguez

RESPONDING PARTY: Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc. CHL Mortgage Pass-Through Trust 2006-OA5 Mortgage Pass-Through Certificates, Series 2006-OA5

NOTICE: ok

RULING: The demurrer is placed off calendar.

On 9/6/22,  Defendant Jose Rojas Dominguez (Dominguez) filed the instant demurrer which was served on Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc. CHL Mortgage Pass-Through Trust 2006-OA5 Mortgage Pass-Through Certificates, Series 2006-OA5’s (Plaintiff) counsel on 8/30/22.

Default was entered against Dominguez on 8/10/22.  (See Request for Entry of Default filed and entered on 8/10/22).  Therefore, Dominguez is not entitled to file a response (i.e., demurrer or answer) to the complaint unless he has the default entered against him set aside. 

The Court notes that the demurrer indicates that it is to the 1^st, 2^nd, 3^rd and 4^th causes of action in the complaint.  (See Demurrer, p.2:12-14, p.3:1-19, p.5:4-7, p.7:6-7).  However, Plaintiff’s complaint does not contain a 4^th cause of action.