Judge: Eddie C. Sturgeon, Case: 37-2021-00044330-CU-PO-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2021-00044330-CU-PO-CTL SALONGA VS DUVERA BILLING SERVICES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/27/2023

Defendant Duvera Billing Services, LLC's unopposed Demurrer is SUSTAINED without leave to amend.

Defendant's request for judicial notice is granted. (ROA 33.) A demurrer may be sustained upon defects that appear on the face of the pleading or any matter of which the court takes judicial notice. (Code Civ. Proc., § 430.30.) Courts 'treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law.' (Sarale v. Pacific Gas & Electric Co. (2010) 189 Cal.App.4th 225, 245.) A demurrer may be sustained where the pleading 'does not state facts sufficient to constitute a cause of action. (Code Civ.

Proc., § 430.10(e).) It is well-settled that, if a plaintiff alleges a contract was breached, the plaintiff must either plead the precise language of the contract or its legal effect, or it must attach a copy of the contract to the complaint. (Davies v. Sallie Mae, Inc. (2008) 168 Cal.App.4th 1086, 1091.) Plaintiff Shery Salonga's form complaint for breach of contract an 'employee stalking' requesting damages of $30,000 does not allege any facts whatsoever, describe the contractual terms at issue, or attach the relevant contract. Additionally, Defendant has submitted judicially noticeable court documents demonstrating that Plaintiff's claims were adjudicated in Small Claims Court in Clark County, Nevada and appealed to the District Court in the same county, where the appeal was ultimately denied. (ROA 33, RJN, Exs. 1, 2, 3.) Plaintiff has not sought to oppose the demurrer or offer reasons why leave to amend should be granted and therefore has acquiesced to the correctness of Defendant's arguments.

The demurrer is sustained without leave to amend.

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