hearing on demurrer
TENTATIVE RULING:
The Demurrer of defendant Avi-Ben Abraham is sustained with leave to amend. Plaintiffs have until February 26, 2018 to file and serve a First Amended Complaint.
Defendant demurs to the entire complaint on the sole ground of failure to state a claim. C.C.P. § 430.10(e).
Procedural Issue re “Opposition” Papers. Instead of an opposition, Plaintiffs filed a separate motion, with its own hearing date, “to object to the demurrer.” If deemed an opposition, those papers were late-filed (opposition was due Jan 23, 2018; “opposition” papers were filed Jan 29, 2018). Moreover, the proof of service shows that service was made on a different law firm—i.e. a firm that does not appear to represent the Defendants in this case.
In the interest of reaching the merits, the Court will consider the arguments raised in the “Motion to Object” as if it were a properly-filed opposition. Because there is a service issue, if any defendants appear and request time to draft a
Hearing Date
February 05, 2018
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hearing on demurrer
TENTATIVE RULING:
The Demurrer of defendant Avi-Ben Abraham is sustained with leave to amend. Plaintiffs have until February 26, 2018 to file and serve a First Amended Complaint.
Defendant demurs to the entire complaint on the sole ground of failure to state a claim. C.C.P. § 430.10(e).
Procedural Issue re “Opposition” Papers. Instead of an opposition, Plaintiffs filed a separate motion, with its own hearing date, “to object to the demurrer.” If deemed an opposition, those papers were late-filed (opposition was due Jan 23, 2018; “opposition” papers were filed Jan 29, 2018). Moreover, the proof of service shows that service was made on a different law firm—i.e. a firm that does not appear to represent the Defendants in this case.
In the interest of reaching the merits, the Court will consider the arguments raised in the “Motion to Object” as if it were a properly-filed opposition. Because there is a service issue, if any defendants appear and request time to draft a