Judge: Eddie C. Sturgeon, Case: 37-2022-00047645-CU-OE-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2022-00047645-CU-OE-CTL DAVIS VS MGROUP HOSPITALITY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 04/12/2023

Defendant MGROUP Hospitality, LLC's unopposed Demurrer is SUSTAINED as to the tenth cause of action without leave to amend. Defendant's request for judicial notice (ROA 11) is granted.

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 the legislative and judicial policy of this state to prefer disposition of litigation on the merits rather than on procedural grounds. (Carlson v. State of Cal. Dept. of Fish & Game (1998) 68 Cal.App.4th 1268, 1278.) Before bringing a PAGA action, plaintiffs must fulfill mandatory pre-filing administrative requirements including sending notice to the LWDA. If the LWDA does not take action within 65 days of notice, Plaintiffs may proceed with their civil action. Here, Plaintiff only waited 46 days. As such, Plaintiff failed to strictly abide by the pre-filing exhaustion requirements and the demurrer to the tenth cause of action is sustained without leave to amend.

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