Judge: Theodore R. Howard, Case: 20-1168486, Date: 2022-08-04 Tentative Ruling

 The demurrer by defendant MSP Costa Mesa, LP and MSP Costa Mesa GP LLC (“MSP Defendants”) to the First Amended Complaint (“FAC”) by Orlando Garcia (“plaintiff”) is OVERRULED.


This matter is related and consolidated, for pre-trial purposes only, with Garcia v. Resort Rental, LLC, lead case. Per ROAS #45,48 Minute Order No. 1, 8/30/2021, §2(d), the parties are required to serve all motion papers on all related parties that have registered an appearance in any of the related cases.


This matter was continued from 6/30/2022 because: (1) the demurrer is made to the First Amended Complaint (“FAC”) and there is no FAC on file in the lead case or the original case nor is the FAC attached as an exhibit to the demurrer, and (2) MSP Defendants did not properly serve the demurrer in compliance with the court’s 8/30/2021 Minute Order. (See ROA #388)


Nothing has been done since 6/30/2022.  The court ordered the parties to file and serve their papers in compliance with the 8/30/2021 Minute Order, but MSP Defendants failed to do so.  Although MSP Defendants filed and served on all parties the Notice of Continuance of the Hearing on its Demurrer, they did not file proof of service that the actual demurrer and all related papers were served on all parties that have registered an appearance in any of the related cases, and they did not file the FAC with the court. The court cannot rule on a demurrer to a FAC without the FAC.


As MSP Defendants have now failed to comply with two court orders, the demurrer now before this court is OVERRULED.


MSP Defendants are ordered to give Notice of Ruling.