Judge: Matthew C. Braner, Case: 37-2021-00038899-CU-FR-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2021-00038899-CU-FR-CTL WALSH VS WHITLEY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

On the court's own motion, the hearing on Defendants' demurrers is CONTINUED to January 19, 2024, at 9:00 a.m. in this department.

The civil case management conference is also continued to January 19, 2024, at 9:00 a.m. in this department.

Having reviewed the briefing from the parties regarding Defendants' respective demurrers, the court agrees that Plaintiffs improperly added a new cause of action in their third amended complaint ('TAC').

The court previously sustained with leave to amend as to the second cause of action in the second amended complaint for failure to discharge mandatory duties, but only as to the State defendants and only to plead other predicate statutes on which the claim might rely, and without leave to amend as to Defendant Holloway. Plaintiffs ignored these limitations; thus, the second cause of action in the TAC for intentional infliction of emotional distress is subject to demurrer.

However, Plaintiffs are correct that they may request leave to amend their complaint to add new causes of action at any time, and the court's discretion on whether to grant such requests should generally be exercised liberally in favor of amendments. (See Edwards v. Superior Court (2001) 93 Cal.App.4th 172, 178; see also Kittredge v. Superior Court (213 Cal.App.3d 1045, 1047.) Rather than waste additional court and party time and resources by requiring Plaintiffs to file an entirely new motion, the court will instead treat their opposition (at their request) as a motion for leave to amend, will construe the currently filed TAC as the proposed amended complaint, and will set a hearing date of January 19, 2024 for the motion. The hearing on Defendants' demurrers will be continued to coincide with the hearing on the motion for leave to amend. If the court grants the motion for leave to amend, it will overrule the demurrers, and if it denies the motion for leave to amend, it will sustain the demurrers without leave to amend.

A hearing on Plaintiffs' motion for leave to amend the complaint is set for January 19, 2024 at 9:00 a.m.

in this department.

Defendants will have until January 12, 2024 to file and serve oppositions to the motion for leave to amend, and Plaintiffs may file and serve replies to the oppositions no later than January 17, 2024.

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