Judge: Mark E. Windham, Case: 24STLC03411, Date: 2024-07-17 Tentative Ruling
Case Number: 24STLC03411 Hearing Date: July 17, 2024 Dept: 26
Law Offices of Bin Li & Associates, PLC v. Merry Land, Inc., et al.
DEMURRER
(CCP § 430.10, et seq.)
TENTATIVE RULING:
Defendants
Merry Land, Inc., United Capital, Inc., and Jie Li’s Demurrer to the
Complaint is SUSTAINED WITH 20 DAYS’
LEAVE TO AMEND.
ANALYSIS:
On May 13, 2024, Plaintiff Law
Offices of Bin Li & Associates, PLC (“Plaintiff”)
filed the Complaint in this action against Defendants Merry Land, Inc., United
Capital, Inc., and Jie Li (“Defendants”). Defendants filed the instant Demurrer
to the Complaint on June 14, 2024. Plaintiff filed an opposition on June 25,
2024.
Discussion
The Demurrer is accompanied by a
meet and confer declaration as required by Code of Civil Procedure section
430.41. (Demurrer, Liu Decl.) In
opposition, Plaintiff concedes that the parties met and conferred regarding the
Complaint and contends that it indicated it would amend the pleading. (Opp., Li
Decl., ¶2.) Based on this concession by Plaintiff that amending the Complaint
is appropriate and the proposed amended complaint attached to the opposition,
the Demurrer is sustained with leave to amend. (See id. at Exh. B.)
Defendants Merry Land, Inc.,
United Capital, Inc., and Jie Li’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.
Moving party to give notice.