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25-CIV-09348·sanmateo·Civil·Contract
Hearing todayCONTINUED

RONNELL BUTLER, ET AL VS. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, ET AL

Demurrer to First Amended Complaint; Motion to Strike

Hearing date
Sep 3, 2026
Department
2
Prevailing
N/A
Next hearing
Nov 12, 2026

Motion type

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Parties

PlaintiffRonnell Butler
PlaintiffLatisa Brooks
DefendantThe Northwestern Mutual Life Insurance Company

Attorneys

Michael C. Cohenfor Plaintiff
Michael Behboudfor Defendant

Ruling

09/03/2026 – Law and Motion Calendar Judge: Honorable Mark A. McCannon – Department 2 Page 11 of 17

2:00 PM LINE 5 25-CIV-09348 RONNELL BUTLER, ET AL VS. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, ET AL

RONNELL BUTLER MICHAEL C. COHEN THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY MICHAEL BEHBOUD

DEFENDANT THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY’S MOTION TO STRIKE AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT

TENTATIVE RULING:

__________________________________________________________________________________________________

Plaintiffs Latisa Brooks and Ronnell Butler filed oppositions to Defendant Northwestern Mutual Life Insurance Company’s demurrer and motion to strike on August 27, 2026, six days after the August 21, 2026 deadline for filing opposition and on the date Defendant’s replies were due. Defendant therefore did not have an opportunity to file replies addressing Plaintiffs’ oppositions.

California Rules of Court, rule 3.1300(d) permits the Court, in its discretion, to consider late-filed papers. (See Natkin v. California Unemployment Ins. Appeals Bd. (2013) 219 Cal.App.4th 997, 1012–1013.) Plaintiffs’ counsel submitted a declaration explaining that the oppositions were filed late because counsel inadvertently miscalendared the filing deadline. Under the circumstances, the Court exercises its discretion to consider the late-filed oppositions.

Defendant requests a continuance if the Court considers the oppositions so that it may have an opportunity to file reply briefs. The Court finds a brief continuance appropriate to avoid prejudice to Defendant and to permit full briefing of the issues presented.

Accordingly, the hearing on Defendant Northwestern Mutual Life Insurance Company’s demurrer and motion to strike is CONTINUED to November 12, 2026 at 2:00 p.m. in Department 2. Defendant may file and serve reply briefs no later than five court days before the continued hearing date. No further briefing is permitted absent further order of the Court.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for the prevailing party shall prepare a written order consistent with this ruling for the Court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide notice of the ruling to all appearing parties as required by law. The Court further directs the parties’ attention to revised Local Rule 3.403(b)(iv) (eff. Jan. 1, 2024) regarding the form of proposed orders.

09/03/2026 – Law and Motion Calendar Judge: Honorable Mark A. McCannon – Department 2 Page 12 of 17

2:00 PM LINE 6 25-CIV-09348 RONNELL BUTLER, ET AL VS. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, ET AL

RONNELL BUTLER MICHAEL C. COHEN THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY MICHAEL BEHBOUD

DEFENDANT NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY’S DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT

TENTATIVE RULING:

_________________________________________________________________________________________ Matter is CONTINUED to November 12, 2026 at 2:00 p.m. in Department 2.

If the tentative ruling is uncontested, it shall become the order of the Court.

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