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ELECTRONICALLY FILED
I
RICHARD l. WIDEMAN, Esq [SB#41185] Superior Court of California
JONATHAN D WIDEMAN, Ersq. [S8tt274526]
County of Santa Barbara
2 Frederik's Court # 232 Darrel E. Parker, Executive Officer
485 Alisal Road
3
6/20/2018 3:57 PM
Solvang, CA 93463 By: Narzralli Baksh, Deputy
Phone: (805)24{t-8916 Fax (8Cr5)688-9424
+
riwlaw@qmail.cr2p1
5 ionathanwideman@qmail.com
o Attorneys for Plaintiff
7
8
c) SUPERIOR ICOUR.I FOR THE STATE OF C,ALIFORI\IIA
ICOUN'TY OF SANTA BARBARA.
10
I,NACAPA DIVISION
ll
JACQUELINE MISHO dlba MISHO
12 Case No.: 18C1V01749
LAW GROUI' [Judge Pauline Maxr,vell]
IJ
Plainti{t
14 NOTICII OF RuI-INIG ON Dh Ml'lltFitrrll
VS.
AND MO-IION TO STRITiE
l5 CATI{ERINE rtNN (,,CA'r") CORA,
l6 CAT COII.A INC.. ET AI-,.
Def'endants. [[{earing: 620118; 9:30 AM, Drept. ti]
17
l8
19
'fhis matter came on regularll'1br hearing on June,20,21)18 in Dept 6 ol't.he abo\',e courl..
20
Hon. Pauline N4axrvell. Judge, presidirrg, David Friedrnan appeared llor Catherine Ann Cora anrl
21
Richard l. Widernan appearedl fbr Jacclueline Misho. 'fhe Courtj't{qd as r the a,ttachecl t,;ntative
22
ruling rvlrich thLe court aclopte,cl.---.-' " ".--'
l-)
\
Dated: June 20.2018
24
25
26 RICI{ARD I. -t
JONATHAN D. WIDIIMAN, E,sq,
27 Attornevs fbr Jacque line Misho dba N'ljisho I-arv (iroup
28
NOTICE (lF RULIN]G ON DEMURREIT AND MOI-ION TO STFlll.:E
6/19/2018 Superior - Tenative
C:ourt of the County of Santa Barbara - Online {ierrvices Rulings
I"Ht $LlIrHil tOlit COUR'l' OF (l/\LIF[]]tNl,\
( .( )t ,l\'f \' t tl-:tl,t 5Tr\ lir\lillAli,,\
TENTATIVE ITULING
Judge Pauline Maxwell
Department 6 SB-Anacapia
1100 Anacapa Street P.O. lBox 21107 Santa Barbara, CA 93121"1107
CIVIL LAW & NIOTION
Jacquelinc IVlisho rs Cathcrinc Ann Corra et al
Case No: 18CV0174\11
Hearing Date: Wed Jun 20, 2018 9:30
Nature of Proceedings: D,emurrer and Motion to Strike
TENTATIVE RULING:
As set forth herein, hearing on the demurrer and motion to strike are orderer3t
off calendar for failure to cirmply r,t,ith Code of Civil Procedure serctions 4l]0.,4.11
and 435.5. Delendant Catherine A,nn Cora shall file arrd ser\/e her ans'wer tc)
the complaint on or before .July 5, 2018" A default has been ente,re,d al3ainst
defendant Cat Cora, Inc., p'l'syenting the present filing of an ans\ru(lr or'otiher
response by that defendant.
On May 21,2Ar18, defendant Catherin Ann ("Cat") Cora filed a drenrurrer to
the complaint of plaintiff Jac;queline Misho dba Misho Law Group ilnd a
motion to strike portions of the cornplaint.
"Before filing a demurrer pursuant to this chapter, tlre demurring piarty shiall
meet and confer in person or by terlephone with the party who filr-'cl the'
pleading that is subject to clemurrelr for the purpose ofd-eterrninirrg wl-rether
an agreement can be reached that would resolve the objections to be raisecl
in the demurrer." (Code Cir,', Proc., S 430.41, subd. (a,t )
"The demurring party shall ltileand serye with the demurrer zt der:laratiorr
stating either crf the followirrg:
"(A) The means by which the demurring pafty met and corrferrred witlir
the party who f iled the plearJing surbject to demurrer,-and that ther prarties did
not reach an agreement rers;olving the objections raised in the dermurr,er.
"(B) That the party who filed the pleading subject to clemrurrer faileid to
respond to the meet and co,nfer request of the demurring party or ()the)rwise
failed to meet iand confer in good faith." (Code Civ. Prrcc:, S 430.,41, surbd. (a)t
(3) )
ln opposition to the demurrr:r and motion to strike, plaintiff asserts thalt there,
was no meet and confer process. Defendant Cora did not fik-' a derclaration
with the demurrer stating that the nneet and confer requiremr:nt hard beiern
http://www.sbcourts. org/os/trltentative-detail.
php? Rulel D..55604
6t19t2018 Superior 0ourt of the County of Santa Barbara - Online fiervires - Tanative
Rulings
met. The demurrer wa! ,rerefore improperly filed. On i. own mclti,cn, the
court strikes the demurrer irs not hraving been filed in conforrnance with law.
(Code Civ. Proc., S 436, subd (b) )
"Before filing a motion to strike pursuant to this chapter, the movintJ pirrt\/
shall meet and confer in person or by telephone with the party whr:r filt':d the
pleading that is; subject to the motion to strike for the purposr3 of d,eterminringy
if an agreement can be rear:hed tl'rat resolves the objections to bre rais;ecl in
the motion to strike." (Coder Civ. Proc., S 435.5, subd. (a).)
"The moving party shall file and serve with the motion to strike a dr:clerration
stating either of the followirrg:
"(A) The means by rvhich the moving party nnet and c;onfr:rred witlr ther
party who filed the pleading subjer;t to the motion to strike, and thz;rt th,e
parties did not reach an agreemerrt resolving the objections raisecl by the
motion to strikei.
'(B) That the party who filed the pleading subject to the nnotion tcr
strike failed to respond to tl're meet and confer rbquest of ther moving plarty or
otherwise failed to meet anrl conferr in good faith." (Code Civ. Pr<1c., $ 43i{5.5,
subd" (aX3).)
In opposition to the demurrer, plaintiff asserts that there was no meet iancl
confer process. Defendant Cora did not file a declaration with the rnotion to
strike stating that the meet iand confer requirement had been ffi€rt. The nrotion
to strike was therefore improperly filed. On its own motion, the court strikr:s
the motion to strike as not fraving lceen filed in conformance withr law. (Sere
Overstock.Com, lnc. v. Goldmai Siachs Group, lnc, (2014) 2"31 CeiLl.Aprp.4th
471,499-500 [court may strike improper documents].)
The hearing on the demurr,eir and on the motion to strike will therel'ore be
ordered off calendar.
The court notes that on June 12, 2:"018, defendants filed an errratia r;tatinq thert
the demurrer was intended to have been filed on behalf of both Cora ianlj
defendant Cat Cora, Inc. Tfre court's file includes a request f'or dellault filerd
and entered on June 8,2018, as to defendant Cat Cora, lnc,, before the lfiling-
of the errata. The default now prer,rents the present filing of arn ansiwer as to
that defendant.
sbcourts.org/os/tr/tentative-detail.php?Rulel
http.//www. D='55604
PFIOOF OF SERVICE BY N4AIL
I, RICHAR.D I. WIDEMI\,N, decllare:
I ant over the age of eighteen and not a party to the within
entitled action and my business address is 485 Alisal Roiad #, ,2:.32,
Solvang, CA 93463.
On.lune 20,201i3 I serried a true and correct copy'of:
NOTICE OF RULING ON DEMURRER AND MOTION TO S;TRNKE
on the parties in said action by placing a true and correct copy tht=rreof
in a sealerd envelope via mail with postage thereon fully pairl, with tl-re
US Postal Service in Solvang, Colifornia, addressed as fcrllows:
David Friedman, Esq.
FRIEDMAI{ & FRIEDMA,N
9434 Wilshire Blvd # :]13
Beverly Hills, CA 902L2-2904
I declare under penalty pFfef,ft-th.t the f'oreoolro
" t" is; true arrd
correct, and that this clecla4'5tion is executed on June 20', 201iii at
Solvang, (:alifornia. ',/
WIDEMATV
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ELECTRONICALLY FILED I RICHARD l. WIDEMAN, Esq [SB#41185] Superior Court of California JONATHAN D WIDEMAN, Ersq. [S8tt274526] County of Santa Barbara 2 Frederik's Court # 232 Darrel E. Parker, Executive Officer 485 Alisal Road 3 6/20/2018 3:57 PM Solvang, CA 93463 By: Narzralli Baksh, Deputy Phone: (805)24{t-8916 Fax (8Cr5)688-9424 + riwlaw@qmail.cr2p1 5 ionathanwideman@qmail.com o Attorneys for Plaintiff 7 8 c) SUPERIOR ICOUR.I FOR THE STATE OF C,ALIFORI\IIA ICOUN'TY OF SANTA BARBARA. 10 I,NACAPA DIVISION ll JACQUELINE MISHO dlba MISHO 12 Case No.: 18C1V01749 LAW GROUI' [Judge Pauline Maxr,vell] IJ Plainti{t 14 NOTICII OF RuI-INIG ON Dh Ml'lltFitrrll VS. AND MO-IION TO STRITiE l5 CATI{ERINE rtNN (,,CA'r") CORA, l6 CAT COII.A INC.. ET AI-,. Def'endants. [[{earing: 620118; 9:30 AM, Drept. ti] 17 l8 19 'fhis matter came on regularll'1br hearing on June,20,21)18 in Dept 6 ol't.he abo\',e courl.. 20 Hon. Pauline N4axrvell. Judge, presidirrg, David Friedrnan appeared llor Catherine Ann Cora anrl 21 Richard l. Widernan appearedl fbr Jacclueline Misho. 'fhe Courtj't{qd as r the a,ttachecl t,;ntative 22 ruling rvlrich thLe court aclopte,cl.---.-' " ".--' l-) \ Dated: June 20.2018 24 25 26 RICI{ARD I. -t JONATHAN D. WIDIIMAN, E,sq, 27 Attornevs fbr Jacque line Misho dba N'ljisho I-arv (iroup 28 NOTICE (lF RULIN]G ON DEMURREIT AND MOI-ION TO STFlll.:E 6/19/2018 Superior - Tenative C:ourt of the County of Santa Barbara - Online {ierrvices Rulings I"Ht $LlIrHil tOlit COUR'l' OF (l/\LIF[]]tNl,\ ( .( )t ,l\'f \' t tl-:tl,t 5Tr\ lir\lillAli,,\ TENTATIVE ITULING Judge Pauline Maxwell Department 6 SB-Anacapia 1100 Anacapa Street P.O. lBox 21107 Santa Barbara, CA 93121"1107 CIVIL LAW & NIOTION Jacquelinc IVlisho rs Cathcrinc Ann Corra et al Case No: 18CV0174\11 Hearing Date: Wed Jun 20, 2018 9:30 Nature of Proceedings: D,emurrer and Motion to Strike TENTATIVE RULING: As set forth herein, hearing on the demurrer and motion to strike are orderer3t off calendar for failure to cirmply r,t,ith Code of Civil Procedure serctions 4l]0.,4.11 and 435.5. Delendant Catherine A,nn Cora shall file arrd ser\/e her ans'wer tc) the complaint on or before .July 5, 2018" A default has been ente,re,d al3ainst defendant Cat Cora, Inc., p'l'syenting the present filing of an ans\ru(lr or'otiher response by that defendant. On May 21,2Ar18, defendant Catherin Ann ("Cat") Cora filed a drenrurrer to the complaint of plaintiff Jac;queline Misho dba Misho Law Group ilnd a motion to strike portions of the cornplaint. "Before filing a demurrer pursuant to this chapter, tlre demurring piarty shiall meet and confer in person or by terlephone with the party who filr-'cl the' pleading that is subject to clemurrelr for the purpose ofd-eterrninirrg wl-rether an agreement can be reached that would resolve the objections to be raisecl in the demurrer." (Code Cir,', Proc., S 430.41, subd. (a,t ) "The demurring party shall ltileand serye with the demurrer zt der:laratiorr stating either crf the followirrg: "(A) The means by which the demurring pafty met and corrferrred witlir the party who f iled the plearJing surbject to demurrer,-and that ther prarties did not reach an agreement rers;olving the objections raised in the dermurr,er. "(B) That the party who filed the pleading subject to clemrurrer faileid to respond to the meet and co,nfer request of the demurring party or ()the)rwise failed to meet iand confer in good faith." (Code Civ. Prrcc:, S 430.,41, surbd. (a)t (3) ) ln opposition to the demurrr:r and motion to strike, plaintiff asserts thalt there, was no meet and confer process. Defendant Cora did not fik-' a derclaration with the demurrer stating that the nneet and confer requiremr:nt hard beiern http://www.sbcourts. org/os/trltentative-detail. php? Rulel D..55604 6t19t2018 Superior 0ourt of the County of Santa Barbara - Online fiervires - Tanative Rulings met. The demurrer wa! ,rerefore improperly filed. On i. own mclti,cn, the court strikes the demurrer irs not hraving been filed in conforrnance with law. (Code Civ. Proc., S 436, subd (b) ) "Before filing a motion to strike pursuant to this chapter, the movintJ pirrt\/ shall meet and confer in person or by telephone with the party whr:r filt':d the pleading that is; subject to the motion to strike for the purposr3 of d,eterminringy if an agreement can be rear:hed tl'rat resolves the objections to bre rais;ecl in the motion to strike." (Coder Civ. Proc., S 435.5, subd. (a).) "The moving party shall file and serve with the motion to strike a dr:clerration stating either of the followirrg: "(A) The means by rvhich the moving party nnet and c;onfr:rred witlr ther party who filed the pleading subjer;t to the motion to strike, and thz;rt th,e parties did not reach an agreemerrt resolving the objections raisecl by the motion to strikei. '(B) That the party who filed the pleading subject to the nnotion tcr strike failed to respond to tl're meet and confer rbquest of ther moving plarty or otherwise failed to meet anrl conferr in good faith." (Code Civ. Pr<1c., $ 43i{5.5, subd" (aX3).) In opposition to the demurrer, plaintiff asserts that there was no meet iancl confer process. Defendant Cora did not file a declaration with the rnotion to strike stating that the meet iand confer requirement had been ffi€rt. The nrotion to strike was therefore improperly filed. On its own motion, the court strikr:s the motion to strike as not fraving lceen filed in conformance withr law. (Sere Overstock.Com, lnc. v. Goldmai Siachs Group, lnc, (2014) 2"31 CeiLl.Aprp.4th 471,499-500 [court may strike improper documents].) The hearing on the demurr,eir and on the motion to strike will therel'ore be ordered off calendar. The court notes that on June 12, 2:"018, defendants filed an errratia r;tatinq thert the demurrer was intended to have been filed on behalf of both Cora ianlj defendant Cat Cora, Inc. Tfre court's file includes a request f'or dellault filerd and entered on June 8,2018, as to defendant Cat Cora, lnc,, before the lfiling- of the errata. The default now prer,rents the present filing of arn ansiwer as to that defendant. sbcourts.org/os/tr/tentative-detail.php?Rulel http.//www. D='55604 PFIOOF OF SERVICE BY N4AIL I, RICHAR.D I. WIDEMI\,N, decllare: I ant over the age of eighteen and not a party to the within entitled action and my business address is 485 Alisal Roiad #, ,2:.32, Solvang, CA 93463. On.lune 20,201i3 I serried a true and correct copy'of: NOTICE OF RULING ON DEMURRER AND MOTION TO S;TRNKE on the parties in said action by placing a true and correct copy tht=rreof in a sealerd envelope via mail with postage thereon fully pairl, with tl-re US Postal Service in Solvang, Colifornia, addressed as fcrllows: David Friedman, Esq. FRIEDMAI{ & FRIEDMA,N 9434 Wilshire Blvd # :]13 Beverly Hills, CA 902L2-2904 I declare under penalty pFfef,ft-th.t the f'oreoolro " t" is; true arrd correct, and that this clecla4'5tion is executed on June 20', 201iii at Solvang, (:alifornia. ',/ WIDEMATV