Judge: Michael Shultz, Case: 23STCV27219, Date: 2025-01-14 Tentative Ruling
Case Number: 23STCV27219 Hearing Date: January 14, 2025 Dept: 40
23STCV27219 Jose Mendoza, et al. v. Dre Law, APC et al.
[TENTATIVE] ORDER CONTINUING THE HEARING ON DEFENDANTS’ DEMURRER TO THE COMPLAINT
This action, filed on November 6, 2023, arises from Defendants’ alleged negligence in representing Plaintiffs in an underlying Petition for Writ of Mandamus against the City of Maywood. Plaintiffs allege one cause of action for legal malpractice.
Defendants contend the claim is barred by the one-year statute of limitations and demurs on that ground. Plaintiffs contend the demurrer is untimely filed more than the 30 days after Defendants’ response was due. While Defendants contend they served Plaintiffs by email, the proof of service does not indicate what email address Defendants used for Plaintiffs.
In reply, Defendants do not dispute that the demurrer is untimely, but the delay does not affect Plaintiffs’ substantial rights.
The court’s file reflects that on November 12, 2024, Plaintiffs filed a Notice of Related Cases contending that this matter is related to 19STCP05291, filed on December 10, 2019, and pending in Department 86 of the Stanley Mosk Courthouse. The notice lists a second purportedly related matter filed on October 23, 2020, and pending in the Norwalk Courthouse.
On November 20, 2024, the court ordered Plaintiffs to file the Notice of Related Cases in Departments 86 and Dept F in Norwalk in compliance with California Rules of Court, Rule 3.300, subd.(h)(1)(A).). (M.O. 11/20/2.) The court’s file reflects that Plaintiffs have not complied with the court’s order.ruary Plaintiffs are ordered to comply with the November 20, 2024, minute order, as the court with the earliest filed case must determine whether the cases are related. The court continues the hearing on Defendants’ demurrer to Feb 4