Judge: Cherol J. Nellon, Case: 20STCV01462, Date: 2023-10-05 Tentative Ruling

Case Number: 20STCV01462    Hearing Date: November 22, 2023    Dept: 14

Demurrer

Defendant Wilmington Savings demurs to the 4AC on the grounds that it fails to state sufficient facts to constitute any cause of action.

Decision

            The demurrer is SUSTAINED, with 20 days leave to amend. The court sets an OSC re: Dismissal of Entire Case for January 3, 2024, at 8:30 am.

            The demurrer is unopposed. This amounts to a concession that it has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.

Should Intervenor Plaintiff fail to timely amend, Defendant Wilmington Savings would become entitled to a judgment of dismissal pursuant to Code of Civil Procedure § 581(f)(2) and California Rules of Court Rule 3.1320(h). And there is no present indication that Intervenor Plaintiff has any intention of prosecuting the case against the remaining defendants.