TENTATIVE RULING
Defendants’ demurrer is OVERRULED, and all requests for judicial notice are DENIED.
On July 27, 2018, Plaintiffs Salvador Frausto, Sr., Jagender Singh, Rachel McCarty, and Peter Spalletta (“Plaintiffs”) filed a “Verified Statement of Election Contest” pursuant to Election Code section 16400 et. seq. It appears that Plaintiffs never obtained the citation to be served by the sheriff but instead served Defendants Mark Myles, Esq., the San Joaquin County Counsel, and Melinda Dubroff, the San Joaquin County Registrar, (collectively, “Defendants”) in person on December 17, 2019—close to five months later.
On January 16, 2019, Defendants filed and notice the instant demurrer for February 20, 2019. Defendants did not answer or counter-contest within five days of receipt of a copy of the statement of contest.
Shortly, thereafter, on January 25, 2019, Plaintiffs failed to appear for the initial case management conference set in this case. The court issued an order to show
Hearing Date
May 28, 2019
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TENTATIVE RULING
Defendants’ demurrer is OVERRULED, and all requests for judicial notice are DENIED.
On July 27, 2018, Plaintiffs Salvador Frausto, Sr., Jagender Singh, Rachel McCarty, and Peter Spalletta (“Plaintiffs”) filed a “Verified Statement of Election Contest” pursuant to Election Code section 16400 et. seq. It appears that Plaintiffs never obtained the citation to be served by the sheriff but instead served Defendants Mark Myles, Esq., the San Joaquin County Counsel, and Melinda Dubroff, the San Joaquin County Registrar, (collectively, “Defendants”) in person on December 17, 2019—close to five months later.
On January 16, 2019, Defendants filed and notice the instant demurrer for February 20, 2019. Defendants did not answer or counter-contest within five days of receipt of a copy of the statement of contest.
Shortly, thereafter, on January 25, 2019, Plaintiffs failed to appear for the initial case management conference set in this case. The court issued an order to show