Judge: Deborah C. Servino, Case: 30-2022-01239582, Date: 2022-09-09 Tentative Ruling

Defendant Gabriel Joseph Isiordia unopposed demurrer to Plaintiff Andrew Magana’s Complaint is sustained with 15 days leave to amend.

Defendant’s request for judicial notice is granted.

Service was timely and proper. Plaintiff 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.

Defendant shall give notice of the ruling.

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