Judge: Joel R Wohlfeil, Case: 37-2023-00038383-CL-BC-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Limited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00038383-CL-BC-CTL BERNAL VS AGUON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 02/08/2024

1. The unopposed special and general Demurrer (ROA # 14) of Defendants Lauren Aguon and Donovan Theseira ('Defendants') to the Complaint by Plaintiff DANIEL BERNAL ('Plaintiff'), is SUSTAINED.

This ruling is based on the arguments set forth in the moving papers.

As this Demurrer was unopposed, leave to amend will not be permitted unless Plaintiff is able to articulate the ability to cure the asserted deficiencies through an amended pleading.

_____ 2. Defendants' unopposed Motion (ROA # 16) to strike portions of Plaintiff's Complaint, is GRANTED.

The Court strikes paragraph 3 of the prayer for relief (page 10, line 25), and the words 'including reasonable attorneys' fees' from paragraph 4 of the prayer for relief (page 10, line 26).

This ruling is based on the arguments set forth in the moving papers.

As this Motion was unopposed, leave to amend will not be permitted unless Plaintiff is able to articulate the ability to cure the asserted deficiencies through an amended pleading.

Calendar No.: Event ID:  TENTATIVE RULINGS

3087590  9