Judge: Michael Small, Case: 22STCV02807, Date: 2023-06-20 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 22STCV02807    Hearing Date: June 20, 2023    Dept: 57

Defendant's demurrer to Plaintiff's Second Amended Complaint is sustained without leave to amend.  In the Court's view, the allegations in the Second Amended Complaint are insufficient to support Plaintiff's claim for breach of contract.   The fundamental problem is that Plaintiff failed to identify with specificity a particular provision of the contract that Defendant breached.  

This marks the third time the Court has sustained a demurrer to Plaintiff's complaint.   As this point, it does not appear that there is any reasonable possibility that Plaintiff can cure the pleading defects and state a viable cause of action for breach of contract.  Accordingly, the Court is not affording Plaintiff leave to amend yet again.  (Shaeffer v. Califia Farms, LLC (2020) 44 Cal.App.5th 1125, 1145.)   

Defendant's separate motion to strike certain allegations in the Second Amended Complaint is denied as moot in light of the Court's ruling on the demurrer.