About 5 months ago I resigned as Trustee of a private trust which I will call Trust X. 3 months after I resigned as Trustee, I was served 2 sets of summons and verified complaint (VC). 3 weeks after I was served, I realized that 1 set was served on me ON BEHALF OF Trust X & the other was served on me as an INDIVIDUAL. I mailed to the Court the summons and VC served on me ON BEHALF OF Trust X, a copy of my letter of resignation as Trustee of Trust X and a cover letter explaining all of the above. I timely filed a Demurrer as an individual defendant arguing Ca CCP sec 430.10(d), (e), (f) and that I am not the Trustee anymore, Memo P&A, Declaration and Exhibits of my mailing to the Court. The Plaintiff did not oppose my Demurrer, however the Court made a Tentative Ruling 13 days before the hearing that states,

�The court cannot consider evidence on Demurrer such as my declaration or my purported letter of resignation as Trustee of Trust X. A demurrer only considers the allegations of a complaint, which are deemed to be true for that proceeding, or matters that are subject to judicial notice as provided in the evidence code. None of the materials attached to the demurrer are subject to judicial notice. Nor can the Demurrer be used to challenge the propriety of service upon Trust X."

The Plaintiff just filed its Opposition to my Demurrer, 5 calendar days before the hearing, violating the 9 day rule to file an opposition and leaving me no time to file my reply.

I intend to make an appearance at the hearing of my Demurrer. Is there anything I can file prior to the hearing? And will do the Judge allow me to answer the complaint?

Thank you.

SBD