Judge: Kevin C. Brazile, Case: 21STCV00223, Date: 2023-02-08 Tentative Ruling

Hearing Date: February 8, 2023

Case Name: Urick, et al. v. Elkins Kalt Weintraub Reuben Gartside LLP, et al.

Case No.: 20STCV17462

Matter: Demurrer

Moving Party: Defendants Elkins Kalt Weintraub Reuben Gartside LLP, Jeffrey Riffer 

and Julie Kimball

Responding Party: Unopposed 

Ruling: If notice was given, the Demurrer is sustained, without leave to 

amend.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On November 18, 2022, Plaintiffs Dana Urick and Trentyn Urick-Stasa filed the operative Second Amended Complaint (“SAC”) against Defendants Elkins Kalt Weintraub Reuben Gartside LLP, Jeffrey Riffer, and Julie Kimball for (1) professional negligence, (2) professional negligence, and (3) breach of contract.

Defendants Elkins Kalt Weintraub Reuben Gartside LLP, Jeffrey Riffer and Julie Kimball demur to the SAC’s second and third causes of action for failure to state sufficient facts.

When considering demurrers, courts read the allegations liberally and in context, and “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Serrano v. Priest (1971) 5 Cal.3d 584, 591.)  “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action.”  (Hahn v. Mirda¿(2007) 147 Cal.App.4th 740, 747.)  It is error “to sustain a demurrer without leave to amend if the plaintiff shows there is a reasonable possibility any defect identified by the defendant can be cured by amendment.”  (Aubry v. Tri-City Hospital Dist.¿(1992) 2 Cal.4th 962, 967.)

On December 13, 2022, the Court advanced the Demurrer from February 24, 2023, to February 8, 2023.  It is not apparent from the Court’s docket that notice was given to Plaintiffs.

If notice was given, the Court rules as follows.  Because there is no opposition, the subject causes of action are deemed abandoned.  (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)  The Demurrer is sustained, without leave to amend.  The Request for Judicial Notice is granted.  

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.