Judge: James A. Mangione, Case: 37-2023-00035502-CU-PO-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 05, 2024

04/05/2024  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 37-2023-00035502-CU-PO-CTL MATTHEWS VS CITY OF EL CAJON [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Helix Water District's Demurrer is sustained with leave to amend.

In his opposition papers, Plaintiff argues that equitable estoppel should bar Defendant from demurring to the complaint based on noncompliance with the claims presentation requirements. In support of this argument, Plaintiff cites to a conversation and subsequent email exchange between a paralegal at Counsel's law firm spoke with an Assistant Board Secretary at Helix named Jessica Mackey. However, the opposition does not identify what information was conveyed during the conversation and none of the facts alleged in the opposition are contained within the complaint or a matter subject to judicial notice.

The amended complaint is due within fourteen (14) days.

The minute order is the order of the Court.

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