Judge Carolyn M. Caietti, Case 37-2022-00023896-CU-PO-CTL 2023-09-07 Tentative Ruling

Judge: Carolyn M. Caietti, Case: 37-2022-00023896-CU-PO-CTL, Date: 2023-09-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 06, 2023

09/07/2023 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 37-2022-00023896-CU-PO-CTL SMITH VS IRIS APARTMENTS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 05/10/2023

Defendant The Lloyd Pest Control Co.'s Demurrer to Plaintiffs' Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant The Lloyd Pest Control Co. (Lloyd) duly served the demurrer. (ROA 32.) Plaintiffs did not oppose the demurrer and thus impliedly concedes on the merits of the motion. Notwithstanding, the Complaint does not allege sufficient facts to constitute the causes of action at issue in this demurrer.

(C.C.P., § 430.10(e).) The first cause of action for battery does not allege Lloyd's employee touched Plaintiff with an intent to injure them. The fourth through tenth causes of action fail to allege a landlord-tenant relationship with Lloyd. The twelfth cause of action for public nuisance fails to allege the condition creating the nuisance 'affected a substantial number of people at the same time.' The thirteenth cause of action for breach of contract fails to allege a contractual relationship with Lloyd.

Plaintiff did not request leave to amend, nor show how these defects can be cured.

Thus, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

Concluding Orders These causes of action against The Lloyd Pest Control Co. are dismissed: first, fourth, fifth, sixth, seventh, eighth, ninth, tenth, twelfth, thirteenth.

Defendant The Lloyd Pest Control Co. is ordered to: (i) prepare and submit a proposed dismissal in accordance with this ruling and any applicable laws and rules; (ii) file and serve an answer to the remaining causes of action against it by September 15, 2023; and (iii) if the tentative ruling is confirmed without modification, serve written notice of this ruling by September 12, 2023.

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