Judge: Linda S. Marks, Case: 2022-01249733, Date: 2022-10-24 Tentative Ruling

1. Demurrer to Answer filed by Angel Villalpando on 6/28/22
2. Case Management Conference

Affirmative Defense Nos. 5, 33, 34, 36, 45 allege Plaintiff’s inability to prove an element of Plaintiff’s claim(s) or claim(s) of damages. Thus, Affirmative Defense Nos. 5, 33, 34, 36, and 45 constitute general, not affirmative, defenses. A defendant’s answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384.)

The Answer fails to plead facts sufficient to support Affirmative Defense Nos. 7, 8, 9, 10, 11, 13, 15, 16, 17, 18, 21, 22, 25, 27, 29, 31, 32, 35, 38, 42, 43, or 44.

Answering Defendants cite no authority supporting that Affirmative Defense Nos. 3, 4, 6, 12, 14, 18, 19, 20, 23, 24, 26, 28, 30, 37, 39, 40, 41, 46, 47, and 48 are, in fact, affirmative defenses to Plaintiff’s claims as pled, and this court is aware of none.

Tentative Ruling: Plaintiff Angel Villalpando’s Demurrer to the Answer filed by Defendants Dennis Root and Joann Root is SUSTAINED, with 15-days leave to amend.

Moving Party is to give notice.