Demurrer
The court VACATES the Case Management Conference scheduled for 8/17/26.
Defendant to give notice.
12 Villalobos vs. Demurrer Elizarraraz The court SUSTAINS Defendant ELIZABETH LARA’s (erroneously sued as JUANA ELIZABETH JIMENEZ ELIZARRARAZ) unopposed entire demurrer to the Complaint, with 30 days leave to amend.
The 2-page Complaint merely lists five purported causes of action without alleging a factual basis for each. (See Compl., p. 1, line 28 to p. 2, line 7.) Such is insufficient to survive the demurrer.
Upcoming Motion to Strike: OFF-CALENDAR
The court takes the scheduled 8/7/26 hearing on Defendant’s motion to strike OFF-CALENDAR. (ROA 21.)
The motion to strike is MOOT in light of the court’s ruling on the demurrer.
Moreover, while the motion to strike was filed on the same day that the demurrer was filed, it was not set for the same hearing date. The motion to strike is currently set for hearing on 8/7/26. When a demurrer is also filed, a motion to strike “must be noticed for hearing and heard at the same time as the demurrer.” (Rules of Court, rule 3.1322(b).) As explained in the Rutter Guide, “Where there are grounds both for demurring and moving to strike, the two documents must be filed together and noticed for the same hearing.” (Cal. Prac. Guide Civ. Pro. Before Trial ¶ 7:162, citing Code Civ. Proc., § 435(b)(3), Rules of Court, rule 3.1322(b).)
As such, the court takes the motion to strike set for 8/7/26 OFF-CALENDAR.
Upcoming CMC: CONTINUED
The court CONTINUES the scheduled Case Management Conference from 8/17/26 to 11/9/26 at 10:00 am in Dept. W8. All appearing parties SHALL file and serve a timely case management statement at least 15 calendar days prior to the continued hearing as required by the rules, including California Rules of Court rule 3.725 and Local Rule 369.
Defendant to give notice.
13 FatPet Awards vs. Demurrer (re First Amended Complaint) Lovell Motion to Strike
Defendants ANDRES A. MUNT-LOVELL and NICHOLAS P. MUNT-LOVELL (collectively, “Defendants”) demur to the First Amended Complaint (“FAC”) filed by Plaintiffs THE INTERNATIONAL CAT ASSOCIATION, INC. (“TICA”) and FATPET AWARDS (“FatPet”) and move to strike portions of the FAC. As explained below, the court OVERRULES the entire demurrer and DENIES the entire motion to strike.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Procedural Issues
Plaintiffs argue that Defendants improperly combined the demurrer and the motion to strike in violation of California Rules of Court, rules 3.1320(a) and 3.1322(a).
Rule 3.1320(a) provides, “Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses.”
Rule 3.1322(a) provides, “A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively.”
17