Judge: Carolyn M. Caietti, Case: 37-2021-00044179-CU-PO-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2021-00044179-CU-PO-CTL WATSON VS 813 S PACIFIC ST APARTMENTS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 02/24/2023

Defendant Expedia Group, Inc.'s Demurrer to Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant Expedia Group, Inc.'s Motion to Strike Portions of Plaintiff's Complaint is OFF CALENDAR AS MOOT.

Defendant Expedia Group, Inc. (Expedia) duly served the demurrer and motion to strike. (ROA 54, 59.) Plaintiff did not oppose either motion and thus impliedly concedes on the merits of the motion. The complaint is vague, ambiguous and uncertain as to what actions by Expedia led to Plaintiff's alleged injuries. (C.C.P., § 430.010(f).) 'Expedia' is only alleged three times in the complaint: in the caption, introduction and at paragraph 7. None of the references to Expedia state any facts showing conduct by Expedia. The complaint also do not state facts sufficient to constitute causes of action against Expedia.

(C.C.P., § 430.010(e).) Plaintiff did not request leave to amend, nor identify any facts to cure the defects raised in the demurrer.

Thus, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

In light of the Court's ruling on the demurrer, Expedia's motion to strike is OFF CALENDAR as moot.

Concluding Orders This ruling is dispositive of the complaint against Defendant Expedia Group, Inc.

Defendant Expedia Group, Inc. is ordered to: (i) prepare and submit a proposed judgment; and (ii) serve notice of this ruling on all appearing parties by August 15, 2023.

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