Judge: Ronald F. Frazier, Case: 37-2022-00048669-CU-CR-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Civil Rights Motion Hearing (Civil) 37-2022-00048669-CU-CR-CTL GRAYTON VS METROPOLITIAN AREA ADVISORY COMMITTEE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 04/07/2023

Plaintiff's Motion to Strike Defendants' Demurrer/Answer is DENIED. (ROA 35.) A defendant is required to respond to an amended complaint 'within 30 days after service thereof.' (Code Civ. Proc. § 471.5(a).) Where service is by mail, the time to respond 'shall be extended five calendar days.' (Code Civ. Proc. § 1013(a).) Here, Plaintiff filed and served the First Amended Complaint on February 6, 2023. (ROA 15, 18.) Thirty days after this date is March 8, 2023. However, service was by mail. (See ROA 18.) Accordingly, Defendants' time to respond was extended by five days, to March 13, 2023.

Defendants' demurrer and motion to strike were both filed March 13, 2023. Accordingly, they are timely.

The court notes it did not receive reply papers from Plaintiff.

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