Judge: Deborah C. Servino, Case: 30-2021-01226648, Date: 2022-09-30 Tentative Ruling

Defendants Canh Quang Tran, Caodai Overseas Missionary, Inc., and Dai Dao Tam Ky Pho Do’s  (“Moving Defendants”) demurrer to the second cause of action in Plaintiffs Thang Dinh Nguyen, Boat People S.O.S., Inc., the Junior Sacerdotal Council of the Cao Dai Religion, Duc Minh Do, Muoi Huong Le, A Ga, and Di-Hanh Thai-Tang’s First Amended Complaint is sustained with 15 days leave to amend. 

Plaintiffs did not timely oppose the demurrer.  Failure to oppose the demurrer may be construed as having abandoned the claims.  (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [“Plaintiffs did not oppose the County’s demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal.  Accordingly, we deem plaintiffs to have abandoned the issue.”].)  As a result, the demurrer is sustained with 15 days leave to amend.

Moving Defendants shall give notice of the ruling.

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