Judge: Blaine K. Bowman, Case: 37-2023-00019465-CU-PO-NC, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - September 28, 2023

09/29/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00019465-CU-PO-NC KEE JR. VS. KOLB [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 07/12/2023

The Demurrer brought by defendant Fredrick Kolb M.D. (Doctor Kolb) is SUSTAINED without leave to amend.

The Motion to Strike brought by Doctor Kolb is GRANTED without leave to amend.

The matters have been properly noticed, with proof of service on file. The Demurrer and Motion to Strike are unopposed. Failure to oppose constitutes a waiver and/or admission that a motion is meritorious.

Doctor Kolb is ORDERED to submit a modified proposed order consistent with this ruling, which the Court will modify if necessary and execute. Upon execution of said order, Doctor Kolb is further ORDERED to serve a copy of said order sustaining this demurrer on plaintiff Thomas Kee, Jr. by mail to the address of 315 South Coast Highway 101, Unit 297, Encinitas, California, 92024.

Formal dismissal of the case is will not be effective until a copy of the proof of service confirming that said order has been mailed to plaintiff Thomas Kee, Jr. is filed with the Court. Accordingly, the Case Management Conference presently set for October 13, 2023 will remain on-calendar at this time. Upon filing the proof of service confirming that the order sustaining the demurrer has been served on Plaintiff by mail, Doctor Kolb may contact the Courtroom Clerk to have the Case Management Conference taken off-calendar.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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