Judge: Michael P. Linfield, Case: 21STCV34490, Date: 2023-09-05 Tentative Ruling

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Case Number: 21STCV34490    Hearing Date: September 5, 2023    Dept: 34

On August 31, 2023, the Court of Appeal issued its remittitur.  The Court of Appeal ordered that

“The appeal from the judgment based on the trial court's order sustaining the demurrer to the third cause of action is dismissed.  The remaining portion of the judgment is reversed, and the trial court is directed to vacate its order sustaining the demurrer without leave to amend to the first and second causes of action and to enter a new order overruling the demurrer to those two causes of action.  Firefighters4Freedom is to recover its costs on appeal.” (See Remittitur, p. 53.)

        Based on the above order, this Court hereby vacates its previous order of February 15, 2022 sustaining the demurrer without leave to amend.  This Court hereby enters a new order sustaining the demurrer to the third cause of action and overruling the demurrer to the first and second causes of action.

        The Court schedules a status conference in this matter for October 24, 2023 at 8:30 am in Dept. 34.  The parties are to file a Joint Status Conference Report 5 court days prior to the status conference hearing.