Defendant Orosi Tires LLC's Motion to Quash
or any part of the pleading "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (Code Civ. Proc., Sec. 436.)
Code of Civil Procedure section 446(a) requires that a defendant responding to a verified complaint must file a verified answer: "When the complaint is verified, the answer shall be verified." Here, Plaintiff filed a verified complaint Defendant Estate of Gregory Ortiz's answer is unverified. Defendant Carrie Ortiz's second amended answer is unverified. Therefore, the Court grants the motions.
Like a demurrer, the motions cannot be granted without leave where it appears reasonably possible to amend the pleading. (Canton Poultry & Deli, Inc v. Stockwell, Harris, Widom, and Woolverton (2003) 109 Cal.App.4 th 1219, 1226 [as to demurrers.]) Therefore, the Court grants the motion with leave to amend.
Defendant Carrie Ortiz shall have ten (10) days to file a further amended, verified answer. Defendant Estate of Gregory Ortiz shall have ten (10) days to file an amended, verified answer.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.
Re: Schermerhorn, Benjamin Edward vs. Orosi Tires LLC Case No.: VCU331096 Date: June 4, 2026 Time: 8:30 A.M. Dept. 1-The Honorable David C. Mathias Motion: Defendant Orosi Tires LLC's Motion to Quash Tentative Ruling: To deny the motion, as Defendant Orosi Tires LLC, as a business entity, cannot represent itself. (See CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 [as to corporate entities].)
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312
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Re: Barboza, Jesus vs. General Motors LLC, a Delaware Limited Liability Company Case No.: VCU319184 Date: June 4, 2026 Time: 8:30 A.M. Dept. 1-The Honorable David C. Mathias Motion: Plaintiff's Motion for Attorneys' Fees Tentative Ruling: To award a total of $9,568.04 consisting of $6,930 in fees and $2,638.04 in costs.
Facts In this matter, Plaintiff alleges the purchase of a 2022 GMC Sierra which developed substantial engine and electrical defects. The parties resolved this matter for $71,000 without return of the Subject Vehicle. The cash price of the Subject Vehicle was $64,964.55. On March 19, 2026, a conditional notice of settlement was filed.