Judge: Colin Leis, Case: 22STCV15967, Date: 2023-05-25 Tentative Ruling
Case Number: 22STCV15967 Hearing Date: May 25, 2023 Dept: 74
McKAY FAMILY FUNERAL HOME, INC., et al. vs
SHANE SCOTT, et al. 22STCV15967
Defendants’ Motion for Judgment on the
Pleadings
The court denies Defendants’
motion for judgment on the pleadings on the cause of action for defamation because
the first amended complaint’s allegations are sufficient to support the cause
of action; the defamatory statement need not name the plaintiff if the statement
can, as here, be reasonably understood to mean Plaintiffs. The court denies the
motion for judgment on the pleadings on the cause of action for interference
with prospective business relationship because the first amended complaint’s
allegations are sufficient to support that cause of action. The court grants
with leave to amend judgment on the pleadings for interference with a
contractual relationship because Plaintiffs do not allege the existence of a
contract. Plaintiffs may file a second amended complaint within 30 days of this
order. (Code Civ. Proc. § 438, subd. (h)(2).) Defendants shall give notice.
