Motion,Ex Parte: Mark Sellars et al vs Patrick Leahy et al

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                                SUPERIOR COURT OF CALIFORNIA
                                            COUNTY OF SANTA BARBARA

Dated and Entered:               07/19/2023                            Time: 10:00 AM
Judicial Officer:                Thomas P Anderle
Deputy Clerk:                    Veronica Robles                       Dept: SB Dept 3
Deputy Sheriff:                  n/a
Court Reporter:                  Lindy DeBoer                          Case No: 20CV04132


Mark Sellars et al vs Patrick Leahy et al
Parties Present:

Tappeiner, David J                    Attorney for Plaintiff



NATURE OF PROCEEDINGS: Motion: Strike; Demurrer

The Court made the following ruling:

                                                               Issue
Two demurrers / motion to strike
                                                           Ruling
The demurrer and motion to strike are continued to August 2, 2023, for hearing
along with the motion for leave to amend.
                                                          Analysis
One of the demurrer/motion to strike sets was withdrawn. There remains the second
set—that was filed by the Coles Defendants. Plaintiffs filed a response, noting that
they have elected to amend their pleading, rather than file opposition papers. Indeed,
Plaintiffs have filed a motion for leave to file a Third Amended Complaint, which is
set for hearing on August 2, 2023. The motion states that the proposed pleading has
been substantially modified and supplemented. There is no point in working up a
demurrer and motion to strike on their merits, when a further amended pleading has
been prepared to address the issues they raise, and a motion for leave to file it has
been filed. Even so, they cannot simply be taken off calendar, merely because the
motion for leave has been filed. As a result, the demurrer and motion to strike is



SC-2411 (Revised July 1, 2013)                      MINUTE ORDER
continued to August 2, 2023, for hearing along with the motion for leave to amend. In
the event that the motion for leave is denied, the demurrer and motion to strike could
then be heard.




DARREL E. PARKER, EXECUTIVE OFFICER          Minutes Prepared by:
                                                         Veronica Robles        , Deputy




SC-2411 (Revised July 1, 2013)   MINUTE ORDER