Judge: Linda S. Marks, Case: 2022-01256844, Date: 2022-12-05 Tentative Ruling

1. Demurrer to Complaint
2. Motion to Strike Complaint filed by Gilberto Gonzalez on 8/5/22
3. Case Management Conference

Service was timely and no Opposition was filed by Plaintiff. The Court construes Plaintiff’s failure to oppose the Demurrer as an abandonment of its claims or an admission the Demurrer has merit. See Herzberg v. County of Plumas (2005) 133 Cal. App. 4th 1, 20 [“Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].)

Tentative Ruling: Defendant Gilberto Gonzalez’ Demurrer to the initial Complaint is SUSTAINED in its entirety, with 20-days leave to amend. Motion to Strike is MOOT in light of the Court’s ruling on demurrer.

Moving Party is to give notice.