Judge: Kenneth J. Medel, Case: 37-2021-00002161-CU-PO-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2021-00002161-CU-PO-CTL NAVARRO VS CEDAR HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/23/2023

Plaintiff's Demurrer to the Answer is OVERRULED.

In response to the FAC, on or about October 19, 2023, Defendants filed an Answer alleging a general denial and 62 affirmative defenses.

On or about October 23, 2023, Plaintiff filed a Demurrer to all 62 of the affirmative defenses contained within Defendants' Answer.

While the code allows for a demurrer to an answer, a demurrer to a reasonably constructed answer is rarely productive, particularly where the basis for the demurrer is that the affirmative defenses are mere 'conclusions of law.' It is well settled that an answer alleging affirmative defenses need only plead ultimate facts (e.g., Welch v. Derian (1964) 224 Cal.App.2d 750, 754), and there is a fine line between ultimate facts and mere conclusions of law. (See, e.g., Bank of Italy v. Wetzel (1927) 82 Cal.App. 240, 243.) The only requirement is that the answer minimally advise the opposing party of the nature of the defense, even if it is defective as conclusory. (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 385.) Defendants' affirmative defenses are pled with sufficient facts to place Plaintiff on notice of the nature and scope of the defenses which Defendants seek to raise against Plaintiff's allegations. If Plaintiff needs additional facts, Plaintiff could seek to obtain this information through the discovery process, and in particular, Form Interrogatory No. 15.1. This Court is not going to analyze the sufficiency of each of the affirmative defenses on a demurrer.

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