TENTATIVE ORDER

Defendants Vladimir Valsky and VIG Private Lending, Inc.’s Demurrer to Plaintiffs [sic] First Amended Complaint is taken off calendar.

Plaintiff The Tash Family Trust, dated November 20, 2014, Raymond Tash, Trustee’s Request to File a Second Amended Complaint is GRANTED. Plaintiff The Tash Family Trust, dated November 20, 2014, Raymond Tash, Trustee shall file a Second Amended Complaint within twenty (20) days of entry of the Court’s order. Plaintiff may only amend the pleading as to the causes of action pled in the First Amended Complaint; Plaintiff may not amend the complaint to add a new party or cause of action without filing a motion for leave to amend for the Court’s consideration. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)

Defendants Vladimir Valsky and VIG Private Lending, Inc. to give notice.

REASONING

Currently pending before the Court is Defendants Vladimir Valsky and VIG Private Lending, Inc. (“Defendants”)’s Demurrer to Plaintiffs [sic] First Amended Complaint. Notably, the First Amended Complaint includes 12 causes of action, and counsel for Plaintiff The Tash Family Trust, dated November 20, 2014, Raymond Tash, Trustee (“Plaintiff”) concedes that the pleading suffers from several deficiencies, including duplicative, unrecognized, or insufficiently pled causes of action, and Plaintiff requests leave to file a Second Amended Complaint to address those deficiencies and limit the allegations. Defendants note that Plaintiff has not given specific information about how it will amend the pleading (see Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [burden is on the complainant to show the Court that a pleading can be amended successfully]), but the Court takes care to note that this is the first demurrer in this action, such that the Court would grant leave to amend if a demurrer was sustained to any cause of action. In the interest of judicial efficiency, the Court will allow Plaintiff leave to file a Second Amended Complaint. However, Plaintiff may only amend the pleading as to the causes of action pled in the First Amended Complaint; Plaintiff may not amend the complaint to add a new party or cause of action without filing a motion for leave to amend for the Court’s consideration. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)

Accordingly, Defendants Vladimir Valsky and VIG Private Lending, Inc.’s Demurrer to Plaintiffs [sic] First Amended Complaint is taken off calendar. Plaintiff The Tash Family Trust, dated November 20, 2014, Raymond Tash, Trustee’s Request to File a Second Amended Complaint is GRANTED. Plaintiff The Tash Family Trust, dated November 20, 2014, Raymond Tash, Trustee shall file a Second Amended Complaint within twenty (20) days of entry of the Court’s order. Plaintiff may only amend the pleading as to the causes of action pled in the First Amended Complaint; Plaintiff may not amend the complaint to add a new party or cause of action without filing a motion for leave to amend for the Court’s consideration. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)