2016-00204838-CU-CL

Alhambra Enterprises, Inc. vs. Hector Martinez

Nature of Proceeding: Motion to File First Amended Complaint

Filed By: Manzoor, Shahid

Defendant and Cross-Complainant Martinez’ motion for leave to file a first amended cross-complaint (FACC) is substantively UNOPPOSED and GRANTED.

Plaintiff and Cross-Defendant Alhambra Enterprises, Inc.’s Supplemental Opposition is STRICKEN, and the requests therein for discovery orders are DENIED without prejudice. Although the court granted a continuance of the hearing to accommodate Alhambra’s counsel’s schedule, it did not authorize supplemental briefing. The court notes that Alhambra’s original opposition dated 7/12/18 contains a concession that Alhambra’s counsel offered to stipulate to the FACC’s filing.

Martinez’ further request for an order deeming the FACC filed or served as of today is DENIED.

To obtain new summonses, Martinez is directed to present the civil filing clerk with copies at the time she files the FACC.

Martinez’ counsel are advised to temper the use of bold and underlining in their papers.

The parties’ requests for monetary sanctions are DENIED. That being said, efforts to resolve issues without judicial intervention are encouraged.

No later than 8/13/18, Martinez shall file the FACC and serve it on all parties who have appeared; response(s) due within 30 days thereafter, 35 days if the FACC is served by mail.

Although not required by any statute or rule of court, Martinez is requested to attach a copy of the instant minute order to the FACC to facilitate the filing of the pleading.

If any cross-defendant intends to demur to the FACC or move to strike, it shall determine if any other cross-defendant who has appeared in this action also intends to demur or move to strike. If so, all such cross-defendants shall coordinate a single hearing date for the demurrers and motions to strike. Additionally, a copy of the FACC shall be included with the moving papers.