Tentative Ruling on Demurrer/Motion to Strike Complaint

Ashford v. Lightbourne, Case No. 2019-58331

November 20, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is a limited civil action seeking refunds of payments plaintiff believes he was not obligated to make. He filed his Judicial Council form complaint on November 4, 2019. He alleges general negligence and "Failure to refund MEDICARE PREMIUMS THAT PLAINTIFF IS NOT RESPONSIBLE FOR AND REIMBURSEMENT FOR OUT OF POCKET COSTS FOR MEDICATIONS (sic)." Appended to the complaint and the "supplement" thereto (ROA 10) are items of correspondence making clear he believes he had two years following his release from prison* to file his complaint. He also sought to achieve service of the summons and complaint via US Mail. ROA 1, 10-13. His attempts to default the defendants were rejected by the civil business office. ROA 14-15, 40.

The case management conference was initially set for April of 2020. ROA 6. But the CMC had