Judge: Stephanie M. Bowick, Case: 21STCV32096, Date: 2023-03-22 Tentative Ruling

DEPARTMENT 19 LAW AND MOTION RULINGS
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Case Number: 21STCV32096    Hearing Date: March 22, 2023    Dept: 19

After consideration of the briefing filed, the hearing on Defendants' Demurrer – with Motion to Strike (CCP 430.10) is to CONTINUED to May 2, 2023, at 8:30 am, in Department 19 of the Stanley Mosk Courthouse. 

The Case Management Conference is also continued to May 2, 2023, at 8:30 a.m.

Although the Court agrees with Plaintiff that the Demurrer and Motion to Strike were not filed within 30 days after service of the complaint or cross-complaint, (see Code Civ. Proc., § 430.40(a); Code Civ. Proc., § 435(b)(1); Cal. R. Ct., 3.110(b)), the Court has discretion to consider a Demurrer and Motion to Strike that was not filed in the 30 days.  (See Jackson v. Doe (2011) 192 Cal.App.4th 742, 750 [court has discretion to consider a demurrer and motion to strike that was not filed in the 30 days].)

The Court also in its discretion allows a Demurrer and Motion To Strike to be filed instead of an Answer, as Defendants' have the right to file the "responsive pleading" of choice here. (Code of Civ. Proc. section 128). Further, in Plaintiff’s Oppositions to the Demurrer and Motion to Strike, Plaintiff concedes that Defendants’ “counsel received an extension to file the” Demurrer and Motion to Strike “on September 13, 2022.” (Oppositions, p. 3.) Yet, neither Plaintiff nor Defendants included with their papers any indication that such an extension was granted.  Thus, notwithstanding the Court’s July 18, 2022 ruling, the Court exercises its discretion to hear the Demurrer with Motion to Strike.

The Court gives Plaintiff the opportunity to respond to the substantive arguments raised in the Demurrer and Motion to Strike. The supplemental Oppositions and Reply briefs shall be filed and served per code in accordance with the new hearing date. Courtesy copies must be delivered to Department 19 prior to April 25, 2023.

Counsel for Defendants to give notice.