Hempen v. Valdry, et al

Plaintiff Sheuvonda Hempen’s Motion to Strike and Demurrer are CONTINUED to March 19, 2019 at 8:30 a.m. in Department 94.

The Court notes that no trial has been set. Accordingly, the Court set trial for December 13, 2019 at 8:30 a.m. in Department 94.

I. Background

On June 14, 2018, Plaintiff Sheuvonda Hempen (“Plaintiff”) filed this breach-of-contract action against Defendant Warren Valdry (“Defendant”). On August 24, 2018, Judge Susan Bryant-Deason reclassified this action to limited jurisdiction court.

Defendant filed his Answer in August. Plaintiff then brought a Motion to Strike, on November 21, and a Demurrer, on November 29, to the Answer. On December 26, Defendant filed an opposition.

II. No Proof of Service of Demurrer

CCP § 1005(b) states in pertinent part: “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . .”

While Defendant has filed a proof of service for the Motion to Strike, there is no proof of service for the Demurrer. Notably, Plaintiff has not filed an opposition to the Demurrer—perhaps for lack of notice and service of the Demurrer. Accordingly, Plaintiff is ordered to properly serve the Demurrer and any related papers attached thereto on Defendant and to file a proof of service of the same at least 21 days before the next hearing date.

The hearings on the Motion to Strike and Demurrer are CONTINUED to March 19, 2019 at 8:30 a.m. in Department 94.

The Court notes that no trial has been set. Accordingly, the Court set trial for December 13, 2019 at 8:30 a.m. in Department 94.

Clerk to give notice.