2013-00156445-CU-PN

Steven H. Larsen vs. Dreyer, Babich, Buccola, Callaham, Wood

Nature of Proceeding: Hearing on Demurrer (McCrea & McCrea)

Filed By: Antoine, Richard F.

Defendant McRea & McRea’s unopposed demurrer to self-represented Plaintiff Steven
Larsen’s complaint is sustained with leave to amend.

The Court did not consider Plaintiff’s untimely opposition filed one court day prior to the
hearing which filing the Court was unable to access and view prior to posting the
instant ruling. Pursuant to Code of Civil Procedure section 1005(b), any opposition
was to be filed and served no less than nine court days prior to the hearing.

In this legal malpractice action, Plaintiff alleges twenty three of causes of action
against Defendant arising out of its representation of him in connection with his action
against Home Depot and others in Sacramento Superior Court Case No. 05AS02956.
As currently pled, the complaint is barred by the one year statute of limitations in CCP
§ 340.6.

Indeed, Defendant was relieved as counsel of record in February 2009 and the instant
complaint was filed more than four years later on December 20, 2013. Further,
Plaintiff failed to allege sufficient facts to demonstrate any basis for tolling the statute
of limitations. In addition, each cause of action is inadequately pled as it relates to
Defendant. The demurrer is sustained for the reasons stated in the moving papers,
pp. 2:25-10:14. The Court construes Plaintiff’s failure to oppose the demurrer as a concession on the merits. Nonetheless, as this is Defendant’s first challenge to the
complaint, leave to amend is granted.

Defendant’s request for judicial notice is granted.

Plaintiff may file and serve an amended complaint no later than June 16, 2014.
Defendant shall file and serve its response within 10 days thereafter, 15 days if the
amended complaint is served by mail. (Although not required by any statute or rule of
court, Plaintiffs are requested to attach a copy of the instant minute order to the
amended complaint to facilitate the filing of the pleading.)

The notice of demurrer does not provide notice of the Court’s tentative ruling system
as required by Local Rule 1.06(D). Defendant’s counsel is ordered to notify Plaintiff
immediately of the tentative ruling system and to be available at the hearing, in person
or by telephone, in the event Plaintiff appears without following the procedures set
forth in Local Rule 1.06(B).

This minute order is effective immediately. No formal order pursuant to CRC rule
3.1312 or other notice is required.

Item 13 2013-00156445-CU-PN

Steven H. Larsen vs. Dreyer, Babich, Buccola, Callaham, Wood

Nature of Proceeding: Hearing on Demurrer (Dreyer Babich Buccola Callaham Wood)

Filed By: Davids, Stephen F.

Defendant Dreyer Babich Buccola Wood Campora, LLP’s unopposed demurrer to self-
represented Plaintiff Steven Larsen’s complaint is sustained with leave to amend.

The Court did not consider Plaintiff’s untimely opposition filed one court day prior to the
hearing which filing the Court was unable to access and view prior to posting the
instant ruling. Pursuant to Code of Civil Procedure section 1005(b), any opposition
was to be filed and served no less than nine court days prior to the hearing.

In this legal malpractice action, Plaintiff alleges twenty three of causes of action
against Defendant arising out of its representation of him in connection with his action
against Home Depot and others in Sacramento Superior Court Case No. 05AS02956.

As currently pled, the complaint is barred by the one year statute of limitations in CCP
§ 340.6. Indeed, Defendant was relieved as counsel of record in February 2009 and
the instant complaint was filed more than four years later on December 20, 2013.
Further, Plaintiff failed to allege sufficient facts to demonstrate any basis for tolling the
statute of limitations. In addition, each cause of action is inadequately pled as it
relates to Defendant. The demurrer is sustained for the reasons stated in the moving
papers, pp. 2:25-10:14. The Court construes Plaintiff’s failure to oppose the demurrer
as a concession on the merits. Nonetheless, as this is Defendant’s first challenge to
the complaint, leave to amend is granted.

Defendant’s request for judicial notice is granted.

Plaintiff may file and serve an amended complaint no later than June 16, 2014. Defendant shall file and serve its response within 10 days thereafter, 15 days if the
amended complaint is served by mail. (Although not required by any statute or rule of
court, Plaintiffs are requested to attach a copy of the instant minute order to the
amended complaint to facilitate the filing of the pleading.)

This minute order is effective immediately. No formal order pursuant to CRC rule
3.1312 or other notice is required.