Demurrer without Motion to Strike
Having considered the demurring papers, the Court rules as follows. No opposing papers have been filed.
BACKGROUND
On December 26, 2019, Plaintiff Joe Releford (“Plaintiff”) filed a complaint against Defendants Postmates, Inc. (“Defendant Postmates”) and Ki Soo Kim (“Defendant Kim”) (collectively “Defendants”). Plaintiff alleges motor vehicle, general negligence, negligent supervision, and willful misconduct in the complaint in relation to an automobile collision that occurred on September 11, 2018.
On August 12, 2020, Plaintiff filed a first amended complaint (“FAC”).
On September 14, 2020, Defendant Postmates filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10.
Trial is set for June 24, 2021.
PARTY’S REQUEST
Defendant Postmates asks the Court to strike Plaintiff’s FAC because it is untimely.
Defendant Postmates also asks the Court to sustain its demurrer to Plaintiff’s FAC because Plaintiff has not
Hearing Date
November 24, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Demurrer without Motion to Strike
Having considered the demurring papers, the Court rules as follows. No opposing papers have been filed.
BACKGROUND
On December 26, 2019, Plaintiff Joe Releford (“Plaintiff”) filed a complaint against Defendants Postmates, Inc. (“Defendant Postmates”) and Ki Soo Kim (“Defendant Kim”) (collectively “Defendants”). Plaintiff alleges motor vehicle, general negligence, negligent supervision, and willful misconduct in the complaint in relation to an automobile collision that occurred on September 11, 2018.
On August 12, 2020, Plaintiff filed a first amended complaint (“FAC”).
On September 14, 2020, Defendant Postmates filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10.
Trial is set for June 24, 2021.
PARTY’S REQUEST
Defendant Postmates asks the Court to strike Plaintiff’s FAC because it is untimely.
Defendant Postmates also asks the Court to sustain its demurrer to Plaintiff’s FAC because Plaintiff has not