DEMURRER AND MOTION TO STRIKE
[CCP §430.10 et. seq.; CCP § 436]
Date: 10/16/20 (10:00 AM)
Case: Susan Harman v. Gordon H. Sasaki et al. (19STCV32651)
TENTATIVE RULING:
As a preliminary matter, the Court notes that plaintiff’s opposition papers were untimely filed. Based on the hearing date, the deadline to file and serve the oppositions to the demurrer and motion to strike was October 2, 2020. (CCP § 1005(b).) Plaintiff served and filed the oppositions on October 5, 2020. Plaintiff apparently failed to account for the Court holiday on October 12, 2020. Nevertheless, because defendant was able to prepare a substantive reply, the Court exercises its discretion and considers the oppositions. (Cal. Rule of Court 3.1300(d).) The Court cautions plaintiff to account for judicial holidays in calculating deadlines. Further, the Court notes that it had previously admonished plaintiff on February 21, 2020, for having untimely filed and served her opposition papers to the demurrers and motion
Hearing Date
October 16, 2020
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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DEMURRER AND MOTION TO STRIKE
[CCP §430.10 et. seq.; CCP § 436]
Date: 10/16/20 (10:00 AM)
Case: Susan Harman v. Gordon H. Sasaki et al. (19STCV32651)
TENTATIVE RULING:
As a preliminary matter, the Court notes that plaintiff’s opposition papers were untimely filed. Based on the hearing date, the deadline to file and serve the oppositions to the demurrer and motion to strike was October 2, 2020. (CCP § 1005(b).) Plaintiff served and filed the oppositions on October 5, 2020. Plaintiff apparently failed to account for the Court holiday on October 12, 2020. Nevertheless, because defendant was able to prepare a substantive reply, the Court exercises its discretion and considers the oppositions. (Cal. Rule of Court 3.1300(d).) The Court cautions plaintiff to account for judicial holidays in calculating deadlines. Further, the Court notes that it had previously admonished plaintiff on February 21, 2020, for having untimely filed and served her opposition papers to the demurrers and motion