CASE NAME: Thomas J Hunter, et al. v. Bradford Thomas Romano, et al

CASE NO.: 20SMCV00723

MOTION: Motion to Stay/Dismiss

Demurrer to Plaintiff's Complaint

HEARING DATE: 7/23/2020

Defendants argue that the Court should dismiss or stay this action for two reasons. First, Defendants argue that the Court determined this matter to be an “eviction case,” and due to the moratorium on evictions, the case must be dismissed. Second, Defendants argue that they are entitled to a stay based on due process protections under the Fifth Amendment to the United States Constitution.

REQUEST FOR JUDICIAL NOTICE

Defendants request judicial notice of Exhibits A – D. Exhibits A – C are executive actions and are judicially noticeable. Exhibit D is this Court’s minute order of July 1, 2020, which is judicially noticeable as a court record, but not for the truth of its contents. (See In re Vicks (2013) 56 Cal.4th 274, 314.)

ANALYSIS

At the outset, the Court’s characterization of this matter as an “evic