Though I had thought I looked at the ROA the time of the Bankers Mortgage demurrer hearing on 2/25, the record does not currently reflect that WMC's demurrer was ever received for filing. The 2/25 minute order required an electronic copy of the demurrer to be sent to the Court, which as of 3/3 has yet to be received.
The internal notes in the case management system show an unspecified document rejected for filing 1/5/10 as "illegible"; and another one on 1/25/10 rejected for slightly miscalculating the total number of pages submitted. While I take no position on the propriety of our clerk's office's ministerial decisionmaking, we do need to have a filed demurrer to be worked up for hearing.
So, WMC needs to file its demurrer with the appropriate fee, set it for hearing in the next couple of weeks (without regard to § 1005 time because it has already been served and opposed with a reply), give my staff time to review the demurrer, and have it heard.
I note that P may be filing a TAC, an