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.