HANSEN v. PIZZUTI
Demurrer; Motion to Strike
Motion type
Causes of action
Parties
Ruling
LAW AND MOTION TENTATIVE RULINGS DATE: SEPTEMBER 3, 2026 TIME: 8:30 A.M.
TENTATIVE RULINGS ARE NOT POSTED IN UNLAWFUL DETAINER CASES
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the tentative by reference - or an order consistent with the announced ruling of the Court, in accordance with California Rule of Court 3.1312. Such proposed order is required even if the prevailing party submitted a proposed order prior to the hearing with two exceptions: (1) in unopposed matters where the moving party has provided a detailed proposed order or JCC form of order, or (2) where the tentative is simply to “grant”. Failure to comply with Local Rule 2.10.01 may result in the imposition of sanctions following an order to show cause hearing, if a proposed order is not timely filed.
No. 25CV00519
HANSEN v. PIZZUTI
PLAINTIFF KATHY HANSEN’S DEMURRER AND MOTION TO STRIKE CROSS-COMPLAINT BY DEFENDANT CARMELA PIZUTTI
The demurrer is overruled. Plaintiff’s demurrer is procedurally deficient in that it fails to comply with Code of Civil Procedure sections 430.41 and 430.60 by failing to identify the grounds for demurrer in the notice and failing to include a declaration regarding meet and confer. Substantively, the demurrer is overruled since defendant’s cross-complaint sets forth sufficient facts supporting her claims for financial elder abuse, breach of contract, and intentional infliction of emotional distress. (Cross-complaint at ¶¶ 5-20, 31-48.)
The motion to strike is denied since it is also fatally procedurally flawed. The motion fails to list the specific portions of the cross-complaint which plaintiff seeks to strike and fails to include a declaration as to counsel’s obligation to meet and confer. (Cal. Rules of Court, rule 3.1322(a); Code Civ. Proc., § 435.5.)
Defendant’s request for judicial notice is denied since the Court need not take judicial notice of its own file.
No. 26CV01602
PRICE v. CADDIE SERVICES, LLC, et al.
DEFENDANT CADDIE SERVICES, LLC’S MOTION TO CHANGE VENUE
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