Judge: Mark H. Epstein, Case: 23SMCV02552, Date: 2024-01-23 Tentative Ruling

Case Number: 23SMCV02552    Hearing Date: January 23, 2024    Dept: I

The court is inclined to SUSTAIN the unopposed demurrer to the eighth and ninth causes of action WITHOUT LEAVE TO AMEND.  It appears as though this issue has already been litigated and the arbitrator determined the amount of damages.  Further, it appears that plaintiff has been compensated fully for the injury sustained.  That looks like collateral estoppel and judicial estoppel as well.  The court notes that plaintiff has not opposed the demurrer.  The motion to strike is MOOT.

The court will inquire as to whether plaintiff would like leave to amend and, if so, why.  If a facially reasonable request to amend is made, leave will be given.  Otherwise, leave will be denied.