Judge: Theodore R. Howard, Case: Doe4v.CountyofOrangeCountySuperiorCourt22-1241348, Date: 2022-10-20 Tentative Ruling

Before the Court at present are a Demurrer and Motion to Strike, filed by defendant County of Orange (“County”) on 5/16/22, as to portions of the First Amended Complaint which was filed on 4/21/22 by Plaintiff “Jane Doe 4.” 

However, Plaintiff filed a Motion for Change of Venue on 10/13/22.  A Motion for Change of Venue generally operates as a stay of proceedings, and must be disposed of before any other rulings can be issued on the merits. (See South Sutter, LLC v. LJ Sutter Partners, L.P. (2011) 193 Cal.App.4th 634, 655; Moore v. Powell (1977) 70 Cal.App.3d 583, 587; Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1303–1304.) 

The Court will thus CONTINUE the hearing on this Demurrer and Motion to Strike to a date after the hearing on the Motion for Change of Venue. The Court is inclined to advance the hearing on the latter, which is presently set for 4/20/23. Counsel should be prepared to discuss dates for that hearing and a briefing schedule at the 10/20/22 CMC.