Judge: Peter A. Hernandez, Case: 24PSCV00253, Date: 2024-06-17 Tentative Ruling

Case Number: 24PSCV00253    Hearing Date: June 17, 2024    Dept: K

Defendants Yeira Lisbeth Villa’s and Cuberto Munoz’s Demurrer to [First Amended] Complaint is TAKEN OFF-CALENDAR for insufficient notice.

Background[1]  

Plaintiff Henrietta E. Anakwenze (“Plaintiff”) alleges that she sustained injury and damages in a January 20, 2022 motor vehicle accident.

On March 5, 2024, Plaintiff filed a First Amended Complaint, asserting a cause of action against Yeira Lisbeth Villa, Cuberto Munoz (together, “Defendants”) and Does 1-10 for:

1.                  Motor Vehicle

A Case Management Conference and Order to Show Cause Re: Failure to File Proof of Service on First Amended Complaint are set for June 17, 2024.

Discussion

Defendants demur, per Code of Civil Procedure § 430.10, subdivisions (e) and (f), to Plaintiff’s complaint on the basis that it fails to state facts sufficient to constitute causes of action and is uncertain.

Defendants’ demurrer is TAKEN OFF-CALENDAR, on the basis of insufficient notice. [See footnote].


[1]              The demurrer was filed (and served via email) on May 22, 2024 and set for hearing on June 17, 2024. Code of Civil Procedure § 1005, subdivision (b) requires that moving papers be served and filed at least 16 court days before the hearing. Code of Civil Procedure § 1010.6, subdivision (a)(3)(B) requires an additional two court days’ notice for motions served electronically. May 31, 2024 was a court holiday and was thus excluded for purposes of calculating notice. Although the motion was timely filed, it should have been served via email no later than May 21, 2024.