Judge: Walter P. Schwarm, Case: 30-2021-01227872, Date: 2022-08-30 Tentative Ruling

Defendant’s (Oaktree Investments, Inc.) Demurrer to Plaintiff’s Complaint (Demurrer No. 1), filed on 1-14-22 under ROA No. 17, is CONTINUED to October 11, 2022 at 9:00 a.m. in Department C32.

Defendants’ (Fay Servicing LLC and US Bank, a National Corporation, Not in Its Individual Capacity, but Solely as Trustee of Citigroup Mortgage Loan Trust 2019-E) Demurrer to Plaintiff’s First Amended Complaint (Demurrer No. 2), filed on 4-11-22 under ROA 42, is CONTINUED to October 11, 2022 at 9:00 a.m. in Department C32.

Demurrer No. 1 was initially set for hearing on 6-7-22. On 6-7-22, the court continued the hearing to 8-30-22 and asked Defendant to serve Demurrer No. 1 by non-electronic means on the unrepresented Plaintiff as required under California Rules of Court, Rule 2.251(c)(3). (6-7-22 Minute Order.) California Rules of Court, Rule 3.1300(c) states, “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Here, Defendant has not filed a timely proof of service demonstrating proper service on the unrepresented Plaintiff. Defendant shall file a proof of service of the Demurrer No. 1 by non-electronic means no later than 9-13-22.

Demurrer No. 2 includes a proof of service on Plaintiff by “One Legal File and Serve” and “mail service” at 8583 Irvine Center Drive #397, Irvine, CA 92618 dated 4-11-22. However, Defendant’s Reply to Non-Opposition filed on 8-22-22 includes a proof of service by overnight delivery to 4 Paseo Acebo, Rancho Santa Margarita, CA 92688. Plaintiff’s address on the caption page of the First Amended Complaint (filed on 12-21-21 under ROA No. 9) is 4 Paseo Acebo, Rancho Santa Margarita, CA 92688. Defendant has not shown that the Irvine address was the proper address for service of Demurrer No. 2 on Plaintiff. No later than 9-13-22, Defendants shall file a declaration or other evidence demonstrating the proper service of Plaintiff at the Rancho Santa Margarita address.

If Plaintiff is currently residing at an address other than 4 Paseo Acebo, Rancho Santa Margarita, CA 92688, Plaintiff is ordered to promptly file and serve a Notice of Change of Address (form MC-040).

The court CONTINUES Case Management Conference to October 11, 2022 at 9:00 a.m. in Department C32.

Court Clerk is to give notice.