White Winston Select Asset Funds LLC v Herc Rentals Inc

Case Number

23CV02138

Case Type

Hearing Date / Time

Tue, 10/24/2023 - 08:30

Nature of Proceedings

Demurrer

Tentative Ruling

            Absent an order shortening time, the hearing date specified in the notice must allow for service and filing of the moving papers in compliance with CCP § 1005: i.e., at least 16 court days before the hearing, plus additional time for service by mail (or by fax, email or overnight delivery. (See Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 401, fn. (disapproved on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4th 973.)

            Here, the demurrer to the first amended cross-complaint was served by email on October 12, 2023 and filed that same date. Thus, it was neither timely served nor filed for the October 24, 2023 hearing date.

            The court continues the demurrer to November 28, 2023 at 8:30 a.m. Proof of timely service must be filed at least 15 days prior to the hearing. No appearance is required on October 24, 2023.