Judge: Joel R Wohlfeil, Case: 37-2022-00018298-CU-PO-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00018298-CU-PO-CTL VENDITTI VS AM ISRAEL MORTUARY INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 11/15/2023

The unopposed general Demurrer (ROA # 46) of Defendants AM ISRAEL MORTUARY, INC., LARRY KRANTZ, PETER KRANTZ and EL CAMINO MEMORIAL PARK ('Defendants') to the First Amended Complaint ('FAC' - ROA # 21) by Plaintiffs ELLIOT VENDITTI, ALBERT VENDITTI, DANIEL WISE, LAUREN VENDITTI, GABRIEL VENDITTI and MICHELLE VENDITTI ('Plaintiffs'), is SUSTAINED.

Defendant LARRY KRANTZ'S Demurrer to causes of action 3 - 5 is sustained because no facts are alleged supporting personal liability.

Defendants AM ISRAEL MORTUARY, INC., PETER KRANTZ and EL CAMINO MEMORIAL PARK'S Demurrer to causes of action 4 and 5 is sustained because insufficient facts are alleged supporting intentional or willful misconduct.

Plaintiffs will not be permitted leave to file and serve a Second Amended Complaint unless they appear at the hearing and are able to articulate the ability to cure the deficiencies noted in the moving papers.

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