Judge: Carolyn M. Caietti, Case: 37-2023-00031427-CU-BC-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - March 12, 2024

03/15/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00031427-CU-BC-CTL GREEN LIFE BUSINESS GROUP INC VS LEFT MENDOTA I LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Left Mendota I, LLC, Benjamin Kriger, Christopher Leftkovitz Demurrer to Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (Amarel v. Connell (1988) 202 Cal.App.3d 137, 140–141; see also, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1111-12 [in ruling on demurrers, courts treat as being true 'not only the complaint's material factual allegations, but also facts that may be implied or inferred from those expressly alleged'].) The demurrer is unopposed; thus, Plaintiff impliedly concedes on the merits. (San Diego Local Rule 2.1.19(B).) In addition, each cause of action fails to state sufficient facts and is uncertain. (C.C.P., § 430.10(e), (f).) The Court agrees with Defendants that it is difficult to follow and ascertain what Plaintiff is alleging. Moreover, the contract attached to the Complaint is one between Plaintiff and Leftbank Mendota II, LLC, which is not a party to this case. The first and second causes of action also fail to state sufficiently plead if the alleged contract is written, oral or implied by conduct. (C.C.P., § 430.10(g).) Plaintiff did not request leave to amend, nor identify any facts to cure the defects raised in the demurrer.

(Ko v. Maxim Healthcare Services, Inc. (2020) 58 Cal.App.5th 1144, 1150 (explaining the plaintiff has the burden of proving an amendment would cure the legal defect.) Thus, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

Concluding Orders Defendant is ordered to: (i) prepare and submit a proposed judgment of dismissal; and (ii) serve written notice of this ruling on all appearing parties by March 19, 2024, if the tentative ruling is confirmed without modification.

This ruling is dispositive of the case. The Case Management Conference is vacated.

The Court notes a Motion for Sanctions is on calendar for May 24, 2024. The Court will hear from Calendar No.: Event ID:  TENTATIVE RULINGS

3065327 CASE NUMBER: CASE TITLE:  GREEN LIFE BUSINESS GROUP INC VS LEFT MENDOTA I LLC [IMAGED]  37-2023-00031427-CU-BC-CTL Defendants on whether this motion remains on calendar and which filing is the operative motion (ROA 33-34 or 35-36.) Calendar No.: Event ID:  TENTATIVE RULINGS

3065327