DEFENDANT’S HEARING ON DEMURRER TO PLAINTIFF’S THIRD AMENDED COMPLAINT
TENTATIVE RULING:
The Demurrer brought by defendants Ronald Snow, Independent Electric, and American Qualified Plans to Plaintiff’s Amended Complaint is sustained WITH LEAVE TO AMEND.
Plaintiff’s “Response” Brief Is In Violation of Several Procedural Rules. There are multiple procedural deficiencies with Plaintiff’s “Response” brief, which will be referenced herein as the “Opposition.”
First, a proof of service was not filed to show that the Opposition was served on Defendants. The Court will exercise its discretion to overlook this failure in light of the fact that Defendants filed a reply addressing the merits of the Opposition.
Second, the brief contains 61 pages or substantive argument and it is single-spaced. California procedural rules generally limit a memorandum of points and authorities in opposition to 15-pages. Cal. Rules of Court, rule 3.1113(d); see also Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before