Judge: Armen Tamzarian, Case: 22STCV25630, Date: 2024-02-01 Tentative Ruling
Case Number: 22STCV25630 Hearing Date: February 1, 2024 Dept: 52
Defendants Michelle
Presnell, Ashley Presnell, and Peter Presnell demur to the first three causes
of action alleged in plaintiff Heidi Yu Ling Yu’s first amended complaint.
Plaintiff did not timely
oppose the demurrer. Plaintiff submitted
an untimely brief requesting leave to amend the complaint and making no arguments
in opposition to defendants’ demurrer. After a successful demurrer, where
“there is a reasonable possibility that the defects can be cured by amendment,
leave to amend must be granted.” (Stevens v. Superior Court (1999) 75
Cal.App.4th 594, 601.) Plaintiff has a
reasonable possibility of curing the defects in her first amended
complaint. The court will sustain the demurrer and allow plaintiff to
file a second amended complaint.
Defendants Michelle
Presnell, Ashley Presnell, and Peter Presnell’s demurrer to the first, second,
and third causes of action alleged by plaintiff Heidi Yu Ling Yu is sustained
with 20 days’ leave to amend.