LAURO ARIAS GONZALEZ VS. FILLMORE MERCHANTS ANDIMPROVEMENT ASSOCIATION,INC. ET AL

Set for Law and Motion/Discovery Calendar on Monday, April 20, 2026, Line 8.

1 - Defendants Fillmore Merchants and Improvement Association, Inc., Timothy Omi and Patti Mangan's Demurrer to Complaint is OFF CALENDAR. Defendants' memorandum of points and authorities because it violates the rules of court. Defendant filed an MPA with 22 pages of text. "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (California Rules of Court, rule 3.1113(d).) Defendant made no effort to secure an order granting leave for an oversized brief.

On the court's own motion, the oversized brief is stricken. Alternatively, the court strikes every page after page 15, leaving the MPA unsigned and, on its own motion, the court strikes the MPA because it is unsigned. (See Code of Civil Procedure section 128.7.) The demurrer is now unsupported by a memorandum of points and authorities and, therefore, ordered off calendar. (California Rules of Court, rule 3.1112(a)(3).)

Additional violations are apparent, as well. Defendants failed to include a table of contents. They failed to include a table of authorities. Etc. This is the third time the court has ordered Defendants demurrer off calendar due to their failure to comply with basic rules. (See 1/22/2026 Order; 3/16/2026.)

Defendant is granted 20 days leave to respond to the amended complaint. Plaintiff is advised that any motion to which he does not specifically and timely respond (by opposition or otherwise) will likely be regarded as unopposed. It is unreasonable for a party to expect the court to review responses to other motions and demurrers, just in case a party meant for the response to apply to a later motion or demurrer.

Defendant is ordered to prepare a proposed order consistent with the above and email it to contestdept302tr@sftc.org prior to the time set for hearing.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.