Judge: James A. Mangione, Case: 37-2022-00016650-CU-PO-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 26, 2024

01/26/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00016650-CU-PO-CTL MCKANRY VS CASTRO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant OfferUp Inc.'s Demurrer is Sustained Without Leave to Amend.

Plaintiff's deadline to file either an opposition to the instant motion or amended pleading was January 12, 2024. (See CCP § 472(a) ('A party may amend its pleading once without leave of the court . . . after a demurrer . . . is filed but before [it] is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer . . . .').) As Plaintiff did not file the First Amended Complaint until January 16 and has filed no opposition, he has conceded the merits of the demurrer. (Cal. Rules of Court, Rule 8.54(c).) The minute order is the order of the Court.

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