Pamela Boucher vs City of Santa Barbara et al

Case Number

24CV07195

Case Type

Hearing Date / Time

Wed, 04/23/2025 - 10:00

Nature of Proceedings

CMC; Demurrer; Motion to Strike; Motion re Set Aside

Tentative Ruling

For Plaintiff: Bruce E. South

For Defendants: Linda Miller Savitt, Tom R. Shapiro

RULING

    There are three motions on calendar. All of which are moot. The first two are a demurrer and motion to strike as to the original complaint. A first amended complaint was filed on April 1. The filing of the first amended complaint moots the demurrer and motion to strike, both of which should be ordered off calendar.

    There is also a motion to set aside default filed on March 17. The motion seeks to set aside defaults entered against the City of Santa Barbara and against the erroneously named Santa Barbara Police Department (which is a department of the City of Santa Barbara). On April 1, plaintiff requested, and the court entered, dismissal as to the erroneously named Santa Barbara Police Department. This moots the motion to set aside the default as to defendant Santa Barbara Police Department. On April 10, the court entered its order on the stipulation of the parties to set aside the default as to the City of Santa Barbara. This moots the rest of the motion, which should be ordered off calendar.