Judge: Colin Leis, Case: 22STCP04254, Date: 2025-03-19 Tentative Ruling
Case Number: 22STCP04254 Hearing Date: March 19, 2025 Dept: 74
In re: Paul
William Pilger
Respondents Monica Potter, Sabrina
Coryell and Kevin Dwight’s Motion to Dismiss
BACKGROUND
The
motion arises from a petition for intentional and/or negligent interference
with a prospective economic advantage.
Petitioner
Paul William Pilger (Pilger) filed a petition against respondents Monica
Potter, Sabrina Coryell and Kevin Dwight (collectively Respondents).
On
November 26, 2024, the Court sustained Respondents’ demurrer without leave to
amend.
Respondents
now move to dismiss the action.
DISCUSSION
The court may dismiss a complaint when a party
moves for dismissal after the court sustains a demurrer without leave to amend.
(Code Civ. Proc. § 581(f)(1).) The court finds petitioner’s opposition procedurally
defective because it exceeds the page limit for a response. The court also
finds the opposition substantively unpersuasive on its merits because
respondents’ motion to dismiss is not an opportunity for plaintiff to seek
reconsideration of the court’s ruling sustaining the demurrer. The demurrer
having been sustained without leave to amend, dismissal is the inevitable denouement.
CONCLUSION
The
court grants Respondents’ Motion to Dismiss with prejudice.
Respondents
to give notice.