Judge: Mark H. Epstein, Case: 19SMCV00681, Date: 2023-04-28 Tentative Ruling

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Case Number: 19SMCV00681    Hearing Date: April 28, 2023    Dept: R

The demurrer is OVERRULED.  First, M&B is not a defendant as to the cause of action to which the demurrer is brought.  Its motion is therefore MOOT.  As to Condo, the demurrer is a speaking demurrer.  It relies upon facts that are not alleged in the complaint and are not readily inferable from the complaint.  Indeed one fact upon it relies is contrary to the complaint.  Condo states that he left the premises as soon as he was asked to do so.  The complaint says otherwise. 

Defendants have already answered.  While it is miscaptioned, the court will accept it as the answer to the operative complaint.