Leah Royce Harden v. Leland V. Wigington

DEMURRER TO CROSS-COMPLAINT

MOVING PARTY: Cross-Defendant Leland V. Wigington

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an action to quiet title to real property.

Defendant I Work For You Surplus, LLC filed a cross-complaint seeking to cancel the deed pursuant to which Plaintiff claims fee simple title on the ground that Plaintiff agreed to hold the Quitclaim Deed without recording it, but Plaintiff recorded the Deed before performing her obligations pursuant to an oral agreement between the parties.

Cross-Complainant Paccon General Contractors, Inc. filed a cross-complaint alleging that it entered into a stipulated judgment with Plaintiff, but Plaintiff and Defendant conspired to hide assets from Paccon.

Cross-Defendant Leland V. Wigington demurs to the Cross-Complaint filed by Paccon General Contractors Inc.

TENTATIVE RULING:

The hearing on Cross-Defendant Leland V. Wigington’s demurrer to the Cross-Complaint filed by Paccon General Contractors Inc. is CONTINUED to July 14, 2017 at 8:30 a.m.

Taking into consideration the Memorial Day holiday, only 16 court days plus 2 calendar days notice of this motion was given. At least 16 court days plus 5 calendar days notice is required per CCP § 430.41. Moreover, demurring Cross-Defendant failed to submit a meet and confer declaration as required by CCP § 430.41.

Demurring Cross-Defendant is expected to submit a meet and confer declaration in compliance with CCP § 430.41 and to give adequate notice of the continuance of the hearing on this motion.

Any opposition and reply papers must be filed and served per code from the continued hearing date.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: May 30, 2017 ___________________________________

Randolph M. Hammock

Judge of the Superior Court