Judge: Michael T. Smyth, Case: 37-2019-00016153-CU-BC-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2019-00016153-CU-BC-CTL LABOY VS ADLER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Jeffrey Adler's Demurrer to the Second Amended Complaint is OFF CALENDAR.

At the last hearing on February 2, 2024, the Court sustained with leave to amend Defendant Adler's demurrer to Plaintiffs Travis Laboy and Laura Powers' first amended complaint. ROA # 93. The Court ordered that any amended complaint must be filed within 20 days of its ruling. Id. On March 11, 2024, Defendant Adler filed a demurrer to Plaintiffs' purported Second Amended Complaint ('SAC'). ROA # 99. Defendant Adler states he demurs to the first cause of action for breach of contract under CCP section 430.10(e) & (g), and third cause of action for account stated under CCP section 430.10(e). Id. The matter is fully briefed. ROA # 105 [Oppo.]; ROA # 106 [Reply].

The register of actions, however, does not show that Plaintiffs filed an SAC. The Court has learned that the SAC was rejected due to a lack of text searchability and that the rejection was not processed in a timely manner. Thus, although it appears Plaintiffs may have served Defendant Adler with a copy of the SAC they planned to file, there was no SAC on file in the Court's record. The SAC is ordered re-filed and the Court will deem it timely filed on the date that Plaintiff originally attempted to file it. Defendant Adler's demurrer is continued to August 16, 2024. No further briefing is required.

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