Judge: Linda S. Marks, Case: 2021-01233834, Date: 2023-05-22 Tentative Ruling

1. Demurrer to Complaint

Defendant Alorica, Inc.’s Demurrer to Complaint is SUSTAINED in its entirety with 15 days leave to amend.

Defendant Alorica, Inc. demurs to all seven causes of action set forth in the Complaint. Defendant correctly contends that all of the causes of action are completely devoid of any allegations against or even mention Alorica, thus Plaintiff has failed to establish the prima facie elements for each any every claim against it.

In opposition, Plaintiff appears to concede these arguments as she has attempted to file a First Amended Complaint that she contends should moot “most” of the contentions raised in the demurrer and motion to strike. (See, Opp. at 2:3-4.) The First Amended Complaint was rejected for filing as leave of court was required. (See, E-Filing Rejection Notice, ROA 331 and CCP § 472(a).)

Defendant Alorica did not file a Reply. However, based upon the foregoing, Plaintiff concedes the deficiencies in the Complaint against Alorica and demonstrates that amendment could cure said defects. Accordingly, the Demurrer is sustained with leave to amend.

Moving Party to give notice.

2. Motion to Strike

Defendant Alorica’s Motion to Strike is DENIED AS MOOT in light of the Court’s ruling to sustain the Demurrer with leave to amend.

Moving Party to give notice.

3. Trial Setting Conference

If parties submit, Court will reset the TSC.