Case Number:
22SMCV00944
Hearing Date:
November 16, 2022
Dept:
R The demurrer is STRICKEN.
This is a UD case.
The demurrer is unopposed.
However, it does not appear that the demurrer was served.
The proof of service shows that the email was served to
info@mbrennanlawfirm.com
but attached to the complaint is a letter from plaintiffs counsel listing the email as
info@mbrennanlaw.com
.
The two addresses are not the same.
Further, plaintiffs counsels address is on East Live Oak in Arcadia, but the demurrer was mailed to an address at Gidley Street in Temple City.
As such, the court has no reason to believe that plaintiff even knows that a demurrer has been filed. The demurrer is also untimely.
Defendant had five days to file the demurrer.
This demurrer is months late. Finally, the demurrer considers issues outside the pleading.
And even beyond that, the demurrer is not well taken on its merits. Defendant has 10 days to file its answer.
Hearing Date
November 16, 2022
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Case Number:
22SMCV00944
Hearing Date:
November 16, 2022
Dept:
R The demurrer is STRICKEN.
This is a UD case.
The demurrer is unopposed.
However, it does not appear that the demurrer was served.
The proof of service shows that the email was served to
info@mbrennanlawfirm.com
but attached to the complaint is a letter from plaintiffs counsel listing the email as
info@mbrennanlaw.com
.
The two addresses are not the same.
Further, plaintiffs counsels address is on East Live Oak in Arcadia, but the demurrer was mailed to an address at Gidley Street in Temple City.
As such, the court has no reason to believe that plaintiff even knows that a demurrer has been filed. The demurrer is also untimely.
Defendant had five days to file the demurrer.
This demurrer is months late. Finally, the demurrer considers issues outside the pleading.
And even beyond that, the demurrer is not well taken on its merits. Defendant has 10 days to file its answer.