Judge: John C. Gastelum, Case: 22-01249947, Date: 2022-10-11 Tentative Ruling

Demurrer to Complaint 

Ruling:  Off Calendar – no hearing will be held.   Defendant Suzuki Motor America, Inc. (“Defendant”) demurs to Complaint of Plaintiffs Jose Gerardo Arce Delgado; Jose Martin Arce Delgado; Margarita Virginia Partida; The Estate of Jonathan Partida; Jonathan Partida Soto; Kelcy Soto; Alfredo Lemus Herrera; The Estate of Manuela Ontiveros Pasos; Alfredo Lemus Ontiveros; Andres Lemus Ontiveros; Edgar Lemus Ontiveros; and Cintia Guadalupe Lemus Ontiveros (“Plaintiffs”). 

As an initial matter, the Court notes Defendant has satisfied the meet and confer requirement prior to filing the Demurrer.  A party filing a demurrer is required to meet and confer in person or by telephone with the party who filed the pleading subject to the demurrer and file a declaration stating the means by which the meet and confer took place, pursuant to Code of Civil Procedure Section 430.41.  Defense counsel met and conferred with Plaintiffs’ counsel by telephone on April 5, 2022.

The Court construes Plaintiffs’ failure to oppose the Demurrer as an abandonment of the claims or an admission the Demurrer has merit.  (See Herzberg v. County of Plumas (2005) 133 Cal. App. 4th 1, 20 [failure to oppose issue raised in demurrer deemed abandonment of the issue].) 

Although the Demurrer is unopposed, the Court finds Plaintiffs should be given an opportunity to cure the defects in the Complaint that were raised in the Demurrer.  (City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747.) 

Accordingly, Defendant’s unopposed Demurrer to the Complaint is SUSTAINED with 20 days’ leave to amend.

Defendant to give notice.