Demurrer without a Motion to Strike
Having considered the demurring papers, the Court rules as follows.
The Court does not consider the opposing papers because they were filed and served one day late on February 18, 2021. (See Code Civ. Proc., § 1005, subd. (b).
BACKGROUND
On November 17, 2020, Plaintiff Mia Maria Torres (“Plaintiff”) filed a complaint against Defendants Andres C. Alfaro (“Defendant”). Plaintiff alleges four counts of intentional tort for altercations that occurred on September 25, 2019.
On January 8, 2021, Defendant filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10.
Trial is set for May 17, 2022.
PARTY’S REQUEST
Defendant asks the Court to sustain his demurrer to Plaintiff’s complaint because this case should be heard in an existing action in Los Angeles Superior Court’s Family Court and Plaintiff has already brought these claims against Defendant.
LEGAL STANDARD
Meet and Confer
Before filing a demurrer, the dem
Hearing Date
March 02, 2021
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Demurrer without a Motion to Strike
Having considered the demurring papers, the Court rules as follows.
The Court does not consider the opposing papers because they were filed and served one day late on February 18, 2021. (See Code Civ. Proc., § 1005, subd. (b).
BACKGROUND
On November 17, 2020, Plaintiff Mia Maria Torres (“Plaintiff”) filed a complaint against Defendants Andres C. Alfaro (“Defendant”). Plaintiff alleges four counts of intentional tort for altercations that occurred on September 25, 2019.
On January 8, 2021, Defendant filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10.
Trial is set for May 17, 2022.
PARTY’S REQUEST
Defendant asks the Court to sustain his demurrer to Plaintiff’s complaint because this case should be heard in an existing action in Los Angeles Superior Court’s Family Court and Plaintiff has already brought these claims against Defendant.
LEGAL STANDARD
Meet and Confer
Before filing a demurrer, the dem