This case was last updated from Los Angeles County Superior Courts on 10/21/2021 at 01:48:31 (UTC).

STEVEN J. COOPER VS LANCE TURNER

Case Summary

On 03/04/2019 STEVEN J COOPER filed an Other lawsuit against LANCE TURNER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******2274

  • Filing Date:

    03/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff and Cross Defendant

COOPER STEVEN J.

Defendant and Cross Plaintiff

TURNER LANCE

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 10/21/2021
  • Hearing10/21/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 09/22/2021
  • DocketUpdated -- Notice of Hearing on Motion To Strike Cross Complaint of Lance Turner: Name Extension changed from of Hearing on Motion To STrike Cross Complaint of Lance Turner to of Hearing on Motion To Strike Cross Complaint of Lance Turner; As To Parties changed from Lance Turner (Defendant) to Lance Turner (Defendant)

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  • 09/22/2021
  • DocketUpdated -- Demurrer to Cross-Defendant Lance Turner's Cross-Complaint (CCP 430.31, et seq.): Exact Name changed from Demurrer to Cross-Defendant Lance Turner's Cross-Complaint (CCP 430.10) to Demurrer to Cross-Defendant Lance Turner's Cross-Complaint (CCP 430.31, et seq.); As To Parties: Lance Turner (Cross-Complainant)

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  • 09/22/2021
  • DocketUpdated -- Motion to Strike (not initial pleading) Lance Turner's Cross-Complaint (CCP426.30 and 428.50): Name Extension changed from Lance Turner's Cross-Complaint (CCP426.30 and 426.50) to Lance Turner's Cross-Complaint (CCP426.30 and 428.50); As To Parties: Lance Turner (Cross-Complainant)

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  • 09/22/2021
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) - Self-Represented Cross-Defendant Steven J. Cooper's Demurrer to Cross-Defendant Lance Turner's Cross-Complaint (CCP 430.10) and Motion to Strike Cross-Defendant's Cross-Complaint (CCP 426.30 and CCP 426.50) scheduled for 10/21/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 09/22/2021
  • DocketMinute Order (Hearing on Self-Represented Cross-Defendant, Steven J. Cooper...)

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  • 09/22/2021
  • DocketCertificate of Mailing for (Hearing on Self-Represented Cross-Defendant, Steven J. Cooper...) of 09/22/2021; Filed by: Clerk

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  • 09/22/2021
  • DocketAddress for Lance Turner (Defendant) updated

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  • 09/22/2021
  • DocketAddress for Steven J. Cooper (Plaintiff) updated

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  • 09/22/2021
  • DocketOn the Court's own motion, Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Self-Represented Cross-Defendant Steven J. Cooper's Demurrer to Cross-Defendant Lance Turner's Cross-Complaint (CCP 430.10) and Motion to Strike Cross-Defendant's Cross-Complaint (CCP 426.30 and CCP 426.50) scheduled for 09/22/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 10/21/2021 10:00 AM

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32 More Docket Entries
  • 07/24/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/31/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 07/24/2020

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  • 07/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 /Dismissal scheduled for 04/06/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 03/06/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/06/2019
  • DocketNon-Jury Trial scheduled for 08/31/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/06/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 03/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/04/2019
  • DocketCivil Case Cover Sheet; Filed by: Steven J. Cooper (Plaintiff); As to: Lance Turner (Defendant)

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  • 03/04/2019
  • DocketSummons on Complaint; Issued and Filed by: Steven J. Cooper (Plaintiff); As to: Lance Turner (Defendant)

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  • 03/04/2019
  • DocketComplaint; Filed by: Steven J. Cooper (Plaintiff); As to: Lance Turner (Defendant)

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Tentative Rulings

b'

Case Number: 19STLC02274 Hearing Date: October 21, 2021 Dept: 26

PROCEEDINGS:\r\n (1) DEMURRER TO CROSS-COMPLAINT

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(2) MOTION\r\nTO STRIKE CROSS-COMPLAINT

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MOVING\r\nPARTY: Cross-Defendant Steven J.\r\nCooper

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RESP.\r\nPARTY: None

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DEMURRER\r\nAND MOTION TO STRIKE

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(CCP §§ 430.31,\r\net seq.)

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TENTATIVE RULING:

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Cross-Defendant Stephen J. Cooper’s Demurrer to the Cross-Complaint is\r\nSUSTAINED WITHOUT LEAVE TO AMEND.

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Cross-Defendant Stephen J. Cooper’s Motion to\r\nStrike the Cross-Complaint is PLACED OFF CALENDAR.

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PROPOSED JUDGMENT OF DISMISSAL TO BE FILED\r\nWITHIN TEN (10) DAYS OF THIS ORDER.

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SERVICE:

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[X] Proof of Service Timely\r\nFiled (CRC 3.1300) OK

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[X] Correct Address (CCP 1013,\r\n1013a) OK

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[X] 16/21\r\nDay Lapse (CCP 12c and 1005(b)) OK

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SUMMARY OF COMPLAINT:\r\nAction for breach of retainer agreement. Cross-action for breach of contract,\r\ncommon counts and malpractice.

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MOTION: The Cross-Complaint is barred by the\r\none-year statute of limitations. The Cross-Complaint was also improperly filed\r\nwithout leave of court after the Answer was filed and not filed within 30 days\r\nof service.

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OPPOSITION: None filed as of October 17, 2021.

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REPLY: None filed as of October\r\n17, 2021.

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ANALYSIS:

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On March 4, 2019, Plaintiff Steven J. Cooper filed the instant action for breach of retainer\r\nagreement against Defendant Lance Turner. The action arises out of Cooper’s\r\nrepresentation of Turner in a paternity action. (Compl., ¶BC-2 and Exh. A.) The\r\nSummons and Complaint were served on May 1, 2021. (Proof of Personal Service,\r\nfiled 05/01/21, ¶3.) On June 3, 2021, Turner filed an Answer to the Complaint.\r\nTurner (hereinafter “Cross-Complainant”) then filed the Cross-Complaint on June\r\n4, 2021. The Cross-Complaint was served on Cooper (hereinafter\r\n“Cross-Defendant”) on the same date. (Cross-Compl., p. 6.)

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Cross-Defendant filed the instant Demurrer to, and Motion to Strike, the\r\nCross-Complaint on July 6, 2021. The motions initially came for hearing on\r\nAugust 2, 2021 and were continued upon Cross-Defendant’s oral request. No\r\nopposition has been filed to date.

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Discussion

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Demurrer to Cross-Complaint

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The Court finds that the Demurrer is accompanied by a meet and confer\r\ndeclaration as required by Code of Civil Procedure section 430.41. (Demurrer,\r\nCooper Decl., ¶5.) Cross-Defendant demurs to the causes of action of the\r\nCross-Complaint for failure to allege facts to state a cause of action. (Code\r\nCiv. Proc., § 430.10, subd. (e).) The Demurrer is also accompanied by a request\r\nfor judicial notice of the (1) court docket in this case; and (2) the Substitution\r\nof Attorney in case No. YF006151. (Requests for Judicial Notice, filed 07/06/21\r\nand 08/03/21.) The request is granted pursuant to Cal. Evidence Code, section\r\n452, subdivision (d).

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The Cross-Complaint alleges causes of action for (1) breach of contract;\r\n(2) common counts; and (3) legal malpractice. Cross-Defendant’s Demurrer is\r\nbrought on the basis that all the causes of action are barred by the one-year\r\nstatute of limitations set forth at Code of Civil Procedure section 340.6. This\r\nsection provides that “An action against an attorney for a wrongful act or\r\nomission, other than for actual fraud, arising in the performance of\r\nprofessional services shall be commenced within one year after the plaintiff\r\ndiscovers, or through the use of reasonable diligence should have discovered,\r\nthe facts constituting the wrongful act or omission, or four years from the\r\ndate of the wrongful act or omission, whichever occurs first.” (Code Civ.\r\nProc., § 340.6, subd. (a).) While it is not clear from the face of the Cross-Complaint\r\nwhen Cross-Defendant’s wrongful conduct took place, it is alleged to have\r\noccurred during the pendency of the parties’ attorney-client relationship. (Cross-Compl.,\r\n¶¶BC-2, BC-4, CC-2.) Cross-Complainant also alleges that he was aware of the\r\nwrongful conduct at the time it occurred. (Ibid.)

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The Court takes judicial notice of the date on which the parties’\r\nrelationship was terminated from the filing of the Substitution of Attorney in\r\nLASC Case No. YF006151. The parties’ relationship terminated effective February\r\n16, 2018. (RJN, filed 08/03/21, Exh. 1.) However, Cross-Complainant did not\r\nfile the instant Cross-Complaint within one year of the end of the\r\nrelationship. The statute of limitations defense, therefore, bars the\r\nCross-Complaint and the demurrer is sustained. Nor has Cross-Complainant\r\noffered any opposition to the demurrer or otherwise demonstrated that the\r\npleading can be amended to state a cause of action against Cross-Defendant, as\r\nis his burden. (See (Goodman v. Kennedy (1976) 18 Cal.3d 335,\r\n348.)

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Therefore, the Demurrer to the Cross-Complaint is sustained without leave\r\nto amend.

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Motion to Strike Cross-Complaint

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In light of the ruling on the\r\nDemurrer to the Cross-Complaint, the Motion to Strike is placed off calendar as\r\nmoot.

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Conclusion

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Cross-Defendant Stephen J. Cooper’s Demurrer to the Cross-Complaint is SUSTAINED\r\nWITHOUT LEAVE TO AMEND.

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Cross-Defendant Stephen J. Cooper’s Motion to\r\nStrike the Cross-Complaint is PLACED OFF CALENDAR.

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PROPOSED JUDGMENT OF DISMISSAL TO BE FILED WITHIN\r\nTEN (10) DAYS OF THIS ORDER.

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Moving party to give notice.

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'b'

Case Number: 19STLC02274 Hearing Date: September 22, 2021 Dept: 26

Cooper v. Turner, et\r\nal. 19STLC02274

DEMURRER\r\nAND MOTION TO STRIKE

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(CCP §§ 430.31,\r\net seq., 426.30, 428.50)

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TENTATIVE RULING:

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Cross-Defendant Stephen J. Cooper’s Demurrer to the Cross-Complaint is\r\nOVERRULED.

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Cross-Defendant Stephen J. Cooper’s Motion to\r\nStrike the Cross-Complaint is DENIED.

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CROSS-DEFENDANT STEPHEN J. COOPER IS TO FILE\r\nAN ANSWER TO THE CROSS-COMPLAINT WITHIN TEN (10) DAYS OF THIS ORDER.

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ANALYSIS:

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On March 4, 2019, Plaintiff Steven J. Cooper filed the instant action for breach of retainer\r\nagreement against Defendant Lance Turner. The action arises out of Cooper’s\r\nrepresentation of Turner in a paternity action. (Compl., ¶BC-2 and Exh. A.) The\r\nSummons and Complaint were served on May 1, 2021. (Proof of Personal Service,\r\nfiled 05/01/21, ¶3.) On June 3, 2021, Turner filed an Answer to the Complaint.\r\nTurner (hereinafter “Cross-Complainant”) then filed the Cross-Complaint on June\r\n4, 2021. The Cross-Complaint was served on Cooper (hereinafter “Cross-Defendant”)\r\non the same date. (Cross-Compl., p. 6.)

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Cross-Defendant filed the instant Demurrer to, and Motion to Strike, the\r\nCross-Complaint on July 6, 2021. The motions initially came for hearing on\r\nAugust 2, 2021 and were continued upon Cross-Defendant’s oral request to\r\nSeptember 22, 2021. No opposition has been filed to date.

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Discussion

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Demurrer to Cross-Complaint

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The Court finds that the Demurrer is accompanied by a meet and confer\r\ndeclaration as required by Code of Civil Procedure section 430.41. (Demurrer,\r\nCooper Decl., ¶5.) Cross-Defendant demurs to the causes of action of the\r\nCross-Complaint for failure to allege facts to state a cause of action. (Code\r\nCiv. Proc., § 430.10, subd. (e).) The Demurrer is also accompanied by a request\r\nfor judicial notice of the (1) court docket in this case; and (2) the Substitution\r\nof Attorney in case No. YF006151. The request for judicial notice is granted as\r\nto the court docket in this case and denied as to the Substitution of Attorney\r\nin case No. YF006151. The copy of the Substitution of Attorney in case No.\r\nYF006151 is not a court-filed document and Defendant offers no authority for\r\ntaking judicial notice of its hearsay contents. (See RJN, p. 2 [citing Cal.\r\nEvid. Code, § 452, subd. (d).].)

The Cross-Complaint alleges causes of action for (1) breach of contract;\r\n(2) common counts; and (3) legal malpractice. Cross-Defendant’s Demurrer is\r\nbrought on the basis that all the causes of action are barred by the one-year\r\nstatute of limitations set forth at Code of Civil Procedure section 340.6. This\r\nsection provides that “An action against an attorney for a wrongful act or\r\nomission, other than for actual fraud, arising in the performance of\r\nprofessional services shall be commenced within one year after the plaintiff\r\ndiscovers, or through the use of reasonable diligence should have discovered,\r\nthe facts constituting the wrongful act or omission, or four years from the\r\ndate of the wrongful act or omission, whichever occurs first.” (Code Civ.\r\nProc., § 340.6, subd. (a).) It is not clear from the face of the\r\nCross-Complaint when Cross-Defendant’s wrongful conduct took place. The only\r\ndate mentioned in the pleading is September 25, 2017, which appears to be the\r\nstart of the parties’ attorney-client relationship. (Cross-Compl., ¶¶BC-1,\r\nCC-2.) Nor can the Court take judicial notice of the date on which the parties’\r\nrelationship was terminated; as explained above, judicial notice of the\r\nSubstitution of Attorney Form is not appropriate.

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Therefore, the Demurrer to the Cross-Complaint is OVERRULED.

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Motion to Strike Cross-Complaint

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Motions to strike in a court of\r\nlimited jurisdiction may only be raised on the grounds that “the damages or\r\nrelief sought are not supported by the allegations of the complaint.” (Code\r\nCiv. Proc., § 92, subd. (d).) The grounds on which the instant Motion are\r\nbrought—that the Cross-Complaint was not timely filed and filed without leave\r\nof court—cannot be raised in this Court on a motion to strike.

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The Motion to Strike the Cross-Complaint is DENIED.

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Conclusion

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Cross-Defendant Stephen J. Cooper’s Demurrer to the Cross-Complaint is\r\nOVERRULED.

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Cross-Defendant Stephen J. Cooper’s Motion to\r\nStrike the Cross-Complaint is DENIED.

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CROSS-DEFENDANT STEPHEN J. COOPER IS TO FILE\r\nAN ANSWER TO THE CROSS-COMPLAINT WITHIN TEN (10) DAYS OF THIS ORDER.

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Court clerk to give notice.

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'b'

Case Number: 19STLC02274 Hearing Date: August 2, 2021 Dept: 26

Cooper v. Turner, et al. 19STLC02274

DEMURRER AND MOTION TO STRIKE

(CCP §§ 430.31, et seq., 426.30, 428.50)

TENTATIVE RULING:

Cross-Defendant Stephen J. Cooper’s Demurrer to the Cross-Complaint is OVERRULED.

Cross-Defendant Stephen J. Cooper’s Motion to Strike the Cross-Complaint is DENIED.

CROSS-DEFENDANT STEPHEN J. COOPER IS TO FILE AN ANSWER TO THE CROSS-COMPLAINT WITHIN TEN (10) DAYS OF THIS ORDER.

ANALYSIS:\n\n

\n\n

On March 4, 2019, Plaintiff Steven J. Cooper filed the instant action for breach of retainer\nagreement against Defendant Lance Turner. The action arises out of Cooper’s\nrepresentation of Turner in a paternity action. (Compl., ¶BC-2 and Exh. A.) The\nSummons and Complaint were served on May 1, 2021. (Proof of Personal Service,\nfiled 05/01/21, ¶3.) On June 3, 2021, Turner filed an Answer to the Complaint. Turner\n(hereinafter “Cross-Complainant”) then filed the Cross-Complaint on June 4,\n2021. The Cross-Complaint was served on Cooper (hereinafter “Cross-Defendant”) on\nthe same date. (Cross-Compl., p. 6.)

\n\n

\n\n

Cross-Defendant filed the instant Demurrer to, and Motion to Strike, the\nCross-Complaint on July 6, 2021. No opposition has been filed to date.

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Discussion

\n\n

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Demurrer to Cross-Complaint

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\n\n

The Court finds that the Demurrer is accompanied by a meet and confer\ndeclaration as required by Code of Civil Procedure section 430.41. (Demurrer, Cooper\nDecl., ¶5.) Cross-Defendant demurs to the cause of action of the Cross-Complaint\nfor failure to allege facts to state a cause of action. (Code Civ. Proc., §\n430.10, subd. (e).) The Demurrer is also accompanied by a request for judicial\nnotice of the (1) court docket in this case; and (2) the Substitution of\nAttorney in case No. YF006151. The request for judicial notice is granted as to\nthe court docket in this case and denied as to the Substitution of Attorney in\ncase No. YF006151. The copy of the Substitution of Attorney in case No.\nYF006151 is not a court-filed document and Defendant offers no authority for\ntaking judicial notice of its hearsay contents. (See RJN, p. 2 [citing Cal.\nEvid. Code, § 452, subd. (d).].)

The Cross-Complaint alleges causes of action for (1) breach of contract;\n(2) common counts; and (3) legal malpractice. Cross-Defendant’s Demurrer is\nbrought on the basis that all the causes of action are barred by the one-year\nstatute of limitations set forth at Code of Civil Procedure section 340.6. This\nsection provides that “An action against an attorney for a wrongful act or\nomission, other than for actual fraud, arising in the performance of\nprofessional services shall be commenced within one year after the plaintiff\ndiscovers, or through the use of reasonable diligence should have discovered,\nthe facts constituting the wrongful act or omission, or four years from the\ndate of the wrongful act or omission, whichever occurs first.” (Code Civ.\nProc., § 340.6, subd. (a).) It is not clear from the face of the\nCross-Complaint when Cross-Defendant’s wrongful conduct took place. The only\ndate mentioned in the pleading is September 25, 2017, which appears to be the\nstart of the parties’ attorney-client relationship. (Cross-Compl., ¶¶BC-1,\nCC-2.) Nor can the Court take judicial notice of the date on which the parties’\nrelationship was terminated; as explained above, judicial notice of the\nSubstitution of Attorney Form is not appropriate.

Therefore, the Demurrer to the Cross-Complaint is OVERRULED.

Motion to Strike Cross-Complaint

Motions to strike in a court of\nlimited jurisdiction may only be raised on the grounds that “the damages or\nrelief sought are not supported by the allegations of the complaint.” (Code Civ.\nProc., § 92, subd. (d).) The grounds on which the instant Motion are\nbrought—that the Cross-Complaint was not timely filed or filed without leave of\ncourt—cannot be raised in this Court on a motion to strike.

The Motion to Strike the Cross-Complaint is DENIED.

Conclusion

Cross-Defendant Stephen J. Cooper’s Demurrer to the Cross-Complaint is OVERRULED.\n

Cross-Defendant Stephen J. Cooper’s Motion to\nStrike the Cross-Complaint is DENIED.

CROSS-DEFENDANT STEPHEN J. COOPER IS TO FILE\nAN ANSWER TO THE CROSS-COMPLAINT WITHIN TEN (10) DAYS OF THIS ORDER.

Court clerk to give notice.

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