Superior Court of California
County of Los Angeles
Department 36
VALERIE PACHECO, Plaintiff, v. NISSAN NORTH AMERICA, INC.; and DOES 1-10, inclusive, Defendants.
Case No.: 19STCV38332
Hearing Date: 7/8/2020
[TENTATIVE] RULING RE: Demurrer with Motion to Strike to FAC
Defendant Nissan North America, Inc.’s Demurrer is overruled.
Defendant Nissan North America, Inc.’s Motion to strike is denied.
Timely Filing
As an initial matter, a demurrer must be filed within 30 days of service of the complaint. (Code Civ. Proc., § 430.40.) The court has discretion to consider the demurrer after this period. (Code Civ. Proc., § 473(a)(1).)
Plaintiff Valerie Pacheco filed proof of service by mail on February 24, 2020, on Defendant’s California address. Service by mail within California increases the time for response by five days. (Code Civ. Proc., § 1005(b).) Defendant Nissan North America, Inc.’s demurrer was filed on March 30, 2020. The demurrer and motion to strike are thus timely.
Meet
Hearing Date
July 09, 2020
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
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Superior Court of California
County of Los Angeles
Department 36
VALERIE PACHECO, Plaintiff, v. NISSAN NORTH AMERICA, INC.; and DOES 1-10, inclusive, Defendants.
Case No.: 19STCV38332
Hearing Date: 7/8/2020
[TENTATIVE] RULING RE: Demurrer with Motion to Strike to FAC
Defendant Nissan North America, Inc.’s Demurrer is overruled.
Defendant Nissan North America, Inc.’s Motion to strike is denied.
Timely Filing
As an initial matter, a demurrer must be filed within 30 days of service of the complaint. (Code Civ. Proc., § 430.40.) The court has discretion to consider the demurrer after this period. (Code Civ. Proc., § 473(a)(1).)
Plaintiff Valerie Pacheco filed proof of service by mail on February 24, 2020, on Defendant’s California address. Service by mail within California increases the time for response by five days. (Code Civ. Proc., § 1005(b).) Defendant Nissan North America, Inc.’s demurrer was filed on March 30, 2020. The demurrer and motion to strike are thus timely.
Meet