Tentative ruling issued by Judge Linda D. Hurst on Jan. 21, 2020 in San Luis Obispo County, CA - Case no: xxxxx215

On November 27, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Stephanie Cledenin in her capacity as director of the Department of State Hospitals (the “DSH”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019.
Currently on calendar is Plaintiff’s demurrer to the seven affirmative defenses set forth in DSH’s answer. (Code Civ. Proc., § 430.50(b).) The DSH opposes the demurrer arguing its answer sets forth sufficient facts supporting the affirmative defenses, and more importantly, that Plaintiff’s demur is untimely.
A party who has filed a complaint has ten (10) days after service of the answer to the complaint to demur to the answer. (Code Civ. Proc., § 430.40(b).) The Court takes judicial notice of the proof of service attached to the answer which shows the answer was served by mail to Plaintiff’s address of record on November 8, 2019. (Evid. Code, § 452(d).) Plaintiff therefore had until Monday….....