Judge: Holly J. Fujie, Case: 23STCV25101, Date: 2024-01-31 Tentative Ruling

Case Number: 23STCV25101    Hearing Date: January 31, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Bank of America, N.A. (“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

Plaintiffs’ complaint (the “Complaint”) alleges: (1) breach of implied contract of confidentiality; and (2) violation of California Financial Information Privacy Act.

On January 5, 2024, 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 31st day of January 2024