Judge: Erick L. Larsh, Case: 2022-01279148, Date: 2023-08-31 Tentative Ruling

Defendant Goodwill Industries of Orange County, California dba Goodwill Computer Works’ (erroneously sued as Goodwill of Orange County Computer Works) Demurrer to Plaintiff’s Complaint is SUSTAINED, in its entirety, with 20-days leave to amend.

Pursuant to Code of Civil Procedure Section 472, “[a]ny pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issues of law thereon…”

Here, Plaintiff failed to file an Opposition. The Court construes Plaintiff’s failure to oppose the Demurrer as an abandonment of its claims or an admission the Demurrer has merit. (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.”].)

Moving Party is to give notice.