Judge: Holly J. Fujie, Case: 23STCV04352, Date: 2023-07-24 Tentative Ruling

Case Number: 23STCV04352    Hearing Date: November 30, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Regency Outdoor Advertising (“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

This action arises out of a landlord/tenant relationship.  Plaintiff’s complaint (the “Complaint”) alleges: (1) breach of oral contract and promise; (2) fraud and deceit; (3) senior abuse and harassment; (4) illegal unit as residence; (5) intentional infliction of emotional distress; and (6) breach of covenant of good faith and fair dealing. 

Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action and is uncertain.

As it is unopposed, the Court SUSTAINS the Demurrer 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 30th day of November 2023