Gouche v Perez

Defendant Ramiro Perez’s Demurrer is CONTINUED to March 19, 2019 at 8:30 a.m. in Department 94.

I. Background

On June 12, 2018, Plaintiff Victor Gouche (“Plaintiff”) filed this civil rights action against Defendant Ramiro Perez (“Defendant”). On September 12, 2018, Defendant filed a Declaration of Meet and Confer (the “Declaration”). A month later, Defendant filed a Notice of Demurrer without a memorandum of points and authorities.

II. Discussion

A. No Proof of Service of Demurrer

CCP § 1005(b) states in pertinent part: “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of add