Judge: Melvin D. Sandvig, Case: 22CHCV01500, Date: 2023-03-14 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 22CHCV01500    Hearing Date: March 14, 2023    Dept: F47

Dept. F47

Date: 3/14/23

Case #22CHCV01500

DEMURRER TO ORIGINAL ANSWER

Demurrer filed on 2/6/23.

MOVING PARTY: Plaintiff Jane Doe

RESPONDING PARTY: Defendant Gabriela Brown

NOTICE: untimely by one day.

Demurrer is to all of the Affirmative Defenses in the Answer:

            1.  No Cause of Action

            2.  Statute of Limitations

            3.  Intervening and Superseding Causes

            4.  Fault of 3^rd Party

            5.  Innocence

            6.  Laches

            7.  No Actual Injury

            8.  Lack of Causation

            9.  Doe/Roe Defendants

            10. Standard of Care

            11. Additional Affirmative Defenses

RULING: The hearing on the demurrer will be continued.

On 2/16/23, Plaintiff Jane Doe (Plaintiff) filed and served, by U.S. Mail, the instant demurrer to Defendant Gabriela Brown’s (Defendant) answer.  Such service is untimely by one day as it did not provide the required 16 court days plus 5 calendar days notice required when a motion/demurrer is served by mail – 2/20/23 was a court holiday.  See CCP 1005(b).

An opposition to a properly served demurrer is due to be filed and served at least 9 court days before the hearing date.  CCP 1005(b).  Additionally, an opposition must be served via a method reasonably calculated to ensure delivery by the close of the next business day after filing.  CCP 1005(c).  On 3/7/23, Defendant filed and served, by U.S. mail, an opposition to the demurrer.  The filing and service of the opposition was 4 days late and the method of service did not comply with CCP 1005(c). 

As of the time the Court reviewed the moving and opposition papers, a reply to the opposition had not been filed.  Based on the method of service, it is not clear if Plaintiff will have received the opposition before the hearing date.

Due to the issues with the service of the demurrer and opposition, the hearing will be continued to allow Plaintiff to file and serve a reply to the opposition.  The reply is due at least 5 court days before the continued hearing date and must be served pursuant to CCP 1005(c).