EVGENY VLASOV VS. DEFENDANT

September 1, 2026 Law and Motion Calendar PAGE 33 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________

2:00 PM LINE 8 26-UDL-00978 EVGENY VLASOV VS. DEFENDANT

EVGENY VLASOV PRO SE DEFENDANT PRO SE

DEMURRER

TENTATIVE RULING:

The defendant demurrer to plaintiff’s complaint is OVERRULED, as follows:

A party who is not represented by counsel may consent to electronic service. (Code Civ. Proc. section 1010.6, subd. (c)(2)-(3).) Self-represented parties “are to be served by non-electronic methods unless they affirmatively consent to electronic service.” (Cal. Rules of Court, rule 2.251(c)(3)(B).) Defendant’s proof of service of the demurrer indicates that it was served only electronically on plaintiff, who is self-represented. There is no evidence that plaintiff has consented to electronic service. Therefore, plaintiff did not receive proper notice of the hearing. (Id., rule 3.1110(b)(1); Code Civ. Proc., § 1014). Thus, the court must deny the motion because it lacks jurisdiction to hear it. (Diaz v. Professional Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204–1205 [court lacks jurisdiction to rule on a motion that has not been properly noticed].)

However, even if the merits of the demurrer were to be reached, it is unsupported and so would be overruled.

“A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint... are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc, § 430.60.) A party asserting a demurrer must provide an adequate memorandum of points and authorities supporting the challenges which are raised in the demurrer, and in the case of a general demurrer all grounds not supported in such a memorandum are waived. (Cal. Rules of Court, rule 3.1113(a), (b).)

Here, defendant’s demurrer states only that “[t]he Complaint fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)) .” This states an objection to the complaint but does not specify the grounds upon which that objection is taken. No supporting memorandum of points and authorities has been filed.

If the court were to reach the merits of Defendant’s unsupported Demurrer, it would accordingly be OVERRULED.

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, defendant shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant