Judge: James A. Mangione, Case: 37-2021-00049276-CU-BC-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2021-00049276-CU-BC-CTL GRILLO VS HIGH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The Court continues Defendants' Demurrer to the First Amended Complaint to April 19, 2024. The Court sustains the demurrer but seeks supplemental briefing as to whether leave to file the second amended complaint should be granted.

As an initial matter, the Court notes that Plaintiffs' choice to file a second amended complaint in lieu of an opposition to the demurrer is procedurally improper. Although the Court exercises its discretion to permit supplemental briefing rather than strike the second amended complaint, Counsel is cautioned to ensure its future filings are procedurally proper.

Plaintiffs' supplemental brief shall not exceed seven (7) pages and is due by close of business on April 5, 2024.

Defendants' supplemental reply brief shall not exceed five (5) pages and is due by close of business of April 12, 2024.

The minute order is the order of the Court.

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