Judge: James A. Mangione, Case: 37-2022-00023682-CU-PN-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  Professional Negligence Demurrer / Motion to Strike 37-2022-00023682-CU-PN-CTL DALBERISTE JR VS CARTER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Rick Carter's Demurrer is sustained with leave to amend.

Plaintiffs' First (and Second) Amended Complaint allege that the parties entered into a written agreement to rent property. Plaintiffs' cause(s) of action and purported damages appear to stem from this contract. However, the contract is not attached or quoted verbatim in the complaint. (See Otworth v. Southern Pacific Transportation Co. (1985) 166 Cal.App.3d 452, 459.) Furthermore, it is unclear if Plaintiffs are asserting a single breach of contract claim or several different causes of action. For these reasons, the First (and Second) Amended Complaint are uncertain.

Plaintiff has twenty-one (21) days to file an amended complaint.

The minute order is the order of the Court.

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