Judge: Holly J. Fujie, Case: 23STCV06848, Date: 2023-05-17 Tentative Ruling
Case Number: 23STCV06848 Hearing Date: May 17, 2023 Dept: 56
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR
THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
Plaintiff, vs. DANIEL
SMITH, et al., Defendants. |
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[TENTATIVE] ORDER RE: DEMURRER Date: May 15, 2023 Time: 8:30 a.m. Dept. 56 |
MOVING
PARTY: Defendant Daniel Smith (“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
Plaintiff
filed a complaint for unlawful detainer (the “Complaint”).
Moving
Defendant filed a demurrer (the “Demurrer”) on the grounds that the Complaint
fails to state sufficient facts to constitute a cause of action.
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 17th day of May 2023
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Hon. Holly J.
Fujie Judge of the
Superior Court |