Judge: Mark H. Epstein, Case: 25SMCV00285, Date: 2025-04-23 Tentative Ruling

Case Number: 25SMCV00285    Hearing Date: April 23, 2025    Dept: I

The matter is here on an unopposed demurrer.  The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

Plaintiff filed this action against Discovery Bank and Experian.  Plaintiff alleges that Discover Bank furnished adverse and inaccurate information to Experian in violation of statute.  Discover demurs.  There is no opposition.

Defendant raises a number of arguments, but one is compelling.  There is another action pending between the same parties alleging the same thing.  Specifically, 23VECV00924, which is still pending.  Given that, the court will abate this action.  (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781.)  When that case is resolved, it ought to eliminate this one by virtue of res judicata.  Accordingly, the demurrer has merit and is SUSTAINED WITH LEAVE TO AMEND.  To be clear, the court’s ruling is not an adjudication as to the eventual merit of the other case and is to be viewed as without any weight with regard thereto.

Defendant to prepare a proposed Order of Dismissal.