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GIBSON, DUNN and CRUTCHER LLP
NICOLE GUZMAN, SB#297266
ELIZABETH JANE-SCHMITZ ROBINSON, SB#300470
333 S. Grand Ave.
Los Angeles, California 90071
Telephone: 213.229.7000
Fax: 213.250.790
Attorneys for Defendants STRATEGIC
STORAGE HOLDINGS LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, SOUTHWEST DISTRICT
LLOYD E. XXXXX
Plaintiff,
vs.
SMART STOP SELF STORAGE, SSTI 12714
S. LA CIENEGA, LLC; STRATEGIC STORAGE
HOLDINGS, LLC; and DOES 1 – 20,
Defendants
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Case No.: YC070XXX
REPLY TO PLAINTIFF’S OPPOSITION TO
DEMURRER ON BEHALF OF DEFENDANT
STRATEGIC STORAGE HOLDINGS,
LLC;MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT THEREOF
Judge: Hon. Ramona G. See
Date: December 02, 2014
Time: 8:30 AM
Crtrm: M
Action Filed: March 18, 2014
Trial Date: None Set
TO: THE HONORABLE COURT, ALL PARTIES HEREIN AND THEIR RESPECTIVE
COUNSEL OF RECORD:
Defendant STRATEGIC STORAGE HOLDINGS LLC by and through its counsel of
record GIBSON, CRUTCHER and DUNN, LLP hereby submits the following reply to
plaintiff in pro per LLOYD E. XXXXX’ opposition to defendant’s demurrer to
plaintiff’s First Amended Complaint “(FAC)”.
This reply is made on the following grounds:
///
///

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1. Despite the misrepresentation contained in plaintiff’s
proof of service wherein plaintiff erroneously represents the opposition was
personally served on November 21, 2014 on defense counsel, the opposition
papers were left at the security desk in the lobby of defense counsel’s
office building after 3PM on November 24, 2014. As such, the opposition
papers are untimely and should be disregarded by this Court.
2. As plaintiff has failed to set forth any coherent arguments
in opposition and his FAC remains flawed without any ability to cure the
blatant defects, defendant’s demurrer should be sustained in its entirety,
without leave to amend.
This reply is further based on the demurrer and its accompanying
papers, the following memorandum of points and authorities and all further
evidence and oral argument that may be considered at the Court at the hearing
on this matter.
DATED: November 25, 2014 NICOLE GUZMAN__
ELIZABETH JANE-SCHMITZ ROBINSON
GIBSON, CRUTCHER & DUNN LLP
By:______________________________________
Nicole Guzman
Attorneys for Defendant STRATEGIC STORAGE
HOLDINGS LLC

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MEMORANDUM OF POINTS AND AUTHORITIES
I. GOOD CAUSE EXISTS TO DISREGARD PLAINTIFF’S OPPOSITION
DUE TO ITS UNTIMELY SERVICE PURSUANT TO CODE OF CIVIL
PROCEDURE SECTION 1005(b)
An opposition to a demurrer shall be served nine (9) Court days prior
to the hearing. (Code of Civ. Proc. §1005(B).) It is within the Court’s
discretion to not consider late filed Opposition papers. (See Sameniego v.
Empire Today, LLC (2012) 205 Cal.App. 4th 1138, 1146.)
Here, notwithstanding the misrepresentation contained in the
plaintiff’s proof of service, plaintiff’s opposition was left with the
security desk in the lobby of defense counsel office building on November 24,
2014. Separate and apart from the fact that leaving opposition papers at a
security kiosk in a 65 story office building does not constitute effective
service, plaintiff’s opposition should have been served on or before November
22, 2014. Furthermore, defendant’s demurrer was filed and served on April 08
2014 which provided the plaintiff more than sufficient notice. As such,
plaintiff’s opposition is untimely and should not be considered by this
Court.
II. THE DEMURRER SHOULD BE SUSTAINED WITHOUT LEAVE TO AMEND
AND PLAINTIFF HAS SET FORTH ANY MEANINGFUL AUTHORITY IN
OPPOSITION.
When a complaint contains allegations that are fatal to a course of
action, a plaintiff cannot avoid these defects simply by filing an amended
complaint that omits the problematic facts or pleads facts inconsistent with
those alleged earlier. (Banis Rest. Design, Inc. v. Serrano (2005) 134
Cal.App. 4th 1035.
Consistent with the narrative ramblings in plaintiff’s FAC, plaintiff’s
opposition fails to set forth any intelligible arguments as to why this
matter should move forward or that any amendment can cure its blatant

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defects. Simply put, plaintiff’s FAC is fatally flawed as it fails to state
facts sufficient to support any of its claims. As such, defendant’s demurrer
should be sustained in its entirety, without leave to amend.
III. CONCLUSION
Respectfully submitted on behalf of defendant STARTEGIC STORAGE
HOLDINGS LLC.
DATED: 2014 NICOLE GUZMAN
ELIZABETH JANE-SCHMITZ ROBINSON
GIBSON, DUNN & CRUTCHER
Nicole Guzman, Esq.
Attorneys for Defendant STRATEGIC
STORAGE HOLDINGS LLC

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CALIFORNIA STATE COURT PROOF OF SERVICE
XXXXX v. Smart Self Storage, et al. – Case No. YC070XXX File No.: 623X-XXXXX
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
At the time of service, I was over the age of 18 years and not a party
to this action. My business address is 333 South Grand Ave., Suite 6500, Los
Angeles, California 90071.
On November 24, 2014, I served the following document(s): REPLY TO
PLAINTIFF’S OPPOSITION TO DEMURRER ON BEHALF OF DEFENDANT STRATEGIC STORAGE
HOLDINGS LLC; MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT THEREOF
I served the documents on the following persons at the following
addresses (including fax numbers and email addresses, if applicable)
Lloyd XXXXX Plaintiff In Pro Per
P.O. Box XXXXXX
Los Angeles, CA 90064
Tel: XXX-XXX-XXXX
The documents were served by the following means:
 (BY US MAIL) I enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses listed above and:
 Placed the envelope or package for collection and mailing, following
our ordinary business practices. I am readily familiar with the firm’s
practice for collection and processing correspondence for mailing.
Under that practice, on the same day that correspondence is placed for
Collection and mailing, it is deposited in the ordinary course of
business with the U.S. Postal Service, in a sealed envelope or package
with the postage fully prepaid.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on November 25, 2014 at Los Angeles, California.
__
___BRIAN LUM
X
BRIAN LUM