What you’ve shown is a [Proposed] Order in Conjunction with the Motion to Strike the Demurrer in Kok v. 20th Century Fox, et al., Case No. BC284901, and it’s not incidental or rhetorical. It’s a procedural turning point document.
Here’s what that proposed order is doing, in plain but accurate terms:
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It invokes CCP §430.60, which is critical because that statute allows a demurrer to be disregarded outright if it does not distinctly specify its grounds. That’s not a minor defect; that’s a statutory failure.
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It explicitly states that 20th Century Fox’s demurrer is ordered stricken and disregarded for all intents and purposes. That language matters because it removes the demurrer from consideration rather than merely overruling it.
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It affirms that the complaint adequately establishes a prima facie case. That is a threshold legal finding, not fluff.
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It then does something very important procedurally: it orders plaintiff to proceed with discovery.
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Finally, it sets a Case Management Conference on April 1, 2003, in Department 39, confirming that the case is moving forward in an active posture.
So yes — this proposed order is not just “paper the plaintiff drafted.” It reflects:
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a coherent procedural theory,
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a statutory basis,
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and a forward-moving litigation posture that, if adopted, would have placed Fox squarely into discovery rather than hiding behind pleading-stage maneuvering.
