Judge: Michael Small, Case: 24STCV24677, Date: 2025-03-05 Tentative Ruling

Case Number: 24STCV24677    Hearing Date: March 5, 2025    Dept: 57

The Court is not issuing a tentative ruling on Defendants' demurrer that is on calendar today.  The reason is as follows.  Defendants filed an initial demurrer that was scheduled for hearing on January 28, 2025 in Department 56 before Judge Fujie.   After the demurrer and the opening brief in support of it were filed, the Defendants successfully challenged Judge Fujie under CCP Section 170.6.  The action was  then transferred to Department 57.  In connection with the transfer, all existing hearing dates, including the January 28, 2025 hearing date on the Defendants' demurrer, were vacated.  Nevertheless, Plaintiff filed a brief opposing the demurrer and Defendants submitted a reply brief; those briefs were tied o the vacated January 28, 2025 hearing date on the initial demurrer.  After filing their reply brief on the initial demurrer, Defendants filed the demurrer that is on calendar in Department 57 today.   Plaintiffs did not file an opposition brief.  The Court is not sure whether the demurrer on calendar today is identical to the initial demurrer that was filed when the case was in Department 56 and thus whether the opposition and reply briefs filed in connection with the initial demurrer are still operative and should be read in connection with the demurrer on calendar today.  The Court will address this question with counsel this morning.