Demurrer; Motion to Strike
CASE NUMBER: 26CV-0210352 Tentative Ruling on Demurrer and Motion to Strike: Defendant Barry Sather filed a Demurrer and Motion to Strike on May 27, 2026. The hearing date in the caption of the notice is June 29, 2026. However, the body of the Notice provides for a hearing date of June 22, 2026. Additionally, the Proof of Service attached to the Notice indicates only electronic service on Plaintiff Matthew Sather. Plaintiff is a self-represented litigant. Electronic service is only permitted for self-represented litigants if express consent has been given. CCP § 1010.6(c). Judicial Council form EFS-005-CV has not been filed and there is nothing before the Court that would permit the Court to determine that Plaintiff has agreed to electronic service. Compliance with CCP § 1010.6 and CRC 2.251 11
is required. Plaintiff did not file an Opposition to the Demurrer and Motion to Strike. Without proper notice to Plaintiff, the Demurrer and Motion to Strike are OVERRULED/DENIED without prejudice. Defendant provided a proposed Order that will be modified to reflect the Court’s ruling.
IN RE: WRIGHT
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