Judge: Michael J. Strickroth, Case: 2023-01326113, Date: 2023-08-07 Tentative Ruling

Demurrer to Complaint

Defendants, Ayres Self Storage, LTD, Bruce Ayres, Ayres Self Storage Costa Mesa, LLC, Ayres Self Storage Montclair, LLC’s (Defendants) Demurrer to the Complaint is CONTINUED to 9/25/2023 at 1:45 PM in C15.

Code of Civil Procedure section 1005(b) provides in pertinent part:

“(b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California…”

Defendants filed their Demurrer on 7-17-23, 15 court days before the hearing on the Demurrer. Defendants served the Demurrer on 7-15-23, 15 court days and 2 calendar days before the hearing. Therefore, Defendants’ filing and service of the Demurrer are both insufficient pursuant to Code of Civil Procedure section 1005(b).

Demurring party to give notice.

Motion to Strike

Defendants, Ayres Self Storage, LTD, Bruce Ayres, Ayres Self Storage Costa Mesa, LLC, Ayres Self Storage Montclair, LLC’s (Defendants) Motion to Strike Portions of the Complaint (Motion) is CONTINUED to 9/25/2023 at 1:45 PM in C15.

Code of Civil Procedure section 1005(b) provides in pertinent part:

“(b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California…”

Defendants filed their Motion to Strike on 7-17-23, 15 court days before the hearing on the Motion. Defendants served the Motion on 7-15-23, 15 court days and 2 calendar days before the hearing. Therefore, Defendants’ filing and service of the Motion are both insufficient pursuant to Code of Civil Procedure section 1005(b).

Moving party to give notice.