Judge: Joel R Wohlfeil, Case: 37-2023-00052718-CU-OR-CTL, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - June 05, 2024

06/07/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00052718-CU-OR-CTL CITY OF EL CAJON VS DEDDEH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Dismiss, 05/06/2024

The Motion (ROA # 16) of Defendant(s) Bessmon & Jessica Kalasho (Husband & Wife) ('Defendants') for an order dismissing the Complaint by Plaintiff People of the State of California & the City of El Cajon ('Plaintiffs'), is ruled on as follows: This Motion is, in reality, a general Demurrer because Defendants are asserting that the Complaint fails to state a claim.

Defendants asserting this Motion are listed as BESSMON KALASHO and JESSICA KALASHO; however, the latter individual is not named in the Complaint. The Court assumes this is the individual named in the pleading as 'JESSICA DEDDEH.' The general Demurrer (ROA # 16) of Defendants BESSMON KALASHO and JESSICA KALASHO (aka JESSICA DEDDEH) to each cause of action in the Complaint is OVERRULED.

Defendants are ordered to file and serve their Answer within twenty (20) days of this hearing.

Paragraphs 8 - 11 and 26 allege sufficient ultimate facts regarding the nuisance conditions at the subject property. Specific fact pleading is not required. These facts are sufficient to support each of the asserted causes of action Whether the pleading accurately portrays the conditions at the property and Defendants' efforts to address issues raised by the City are factual questions that cannot be determined on this Demurrer.

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