Case Number: 13E01009    Hearing Date: August 19, 2014    Dept: 77

Defendant Guadalupe Gonzalez (Menjivar)’s Motion to Dismiss is GRANTED. CCP §§ 128 and 581. The Complaint is dismissed as to this defendant. Defendant’s demurrer to the Complaint was sustained with leave to amend on January 16, 2014. No amended complaint has been filed. As such, this motion is granted as the time in which to file an amended complaint has expired. CCP § 581(f)(2); CRC 3.1320(h); Cano v. Glover (2006) 143 CA4th 326, 329-30.

Moving party to give notice.

A Motion to Disqualify that was filed in this matter is OFF CALENDAR: (1) a date for this motion was not reserved, (2) no substitution of attorney was filed for counsel who filed it, and (3) as to one of the filing parties, the Complaint has now been dismissed.

Plaintiff Robert R. Mallicoat’s Motion to Compel Responses to Form Interrogatories; Request for Sanctions is DENIED. CCP §§ 94(a) and 128.

The opposition filed on July 31, 2014 will not be considered by the court. Defendant Jose Gonzalez filed his answer in pro per on December 13, 2013. The court record does not reflect that a substitution of attorney has been filed. Until a substitution of attorney is filed, the court will not consider papers filed by Michelle E. Roberson on defendant’s behalf.

This motion nevertheless is denied. The discovery at issue violates CCP § 94(a). Each party may serve on each adverse party no more than 35 of any combination of interrogatories, requests for admission or demands for inspection. No subparts are allowed. CCP § 94(a). In this case, general form interrogatories were served on defendant that include subparts.

Moving party to give notice.