Judge: Holly J. Fujie, Case: 22STCV31683, Date: 2023-05-09 Tentative Ruling

Case Number: 22STCV31683    Hearing Date: May 9, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant David Campbell (“Moving Defendant”)

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). 

BACKGROUND  

The currently operative first amended complaint (the “FAC”) alleges: (1) defamation per se.  Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the FAC fails to state facts sufficient to constitute a cause of action.  Moving Defendant also filed a motion to strike (the “Motion”) portions of the FAC. 

As they are unopposed, the Court SUSTAINS the Demurrer with 20 days leave to amend and GRANTS the Motion with 20 days leave to amend.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

                 Dated this 9th day of May 2023