Judge: Michael Small, Case: 23STCV24091, Date: 2025-04-24 Tentative Ruling

Case Number: 23STCV24091    Hearing Date: April 24, 2025    Dept: 57

The Court's tentative decision is to sustain with leave to amend Defendant Metu Ogike's demurrer to Plaintiff Eun Kim's complaint as to the first cause of action for fraud and fifth cause of action for breach of contract.  The demurrer is overruled as to the other causes of action asserted against Ogike in the complaint.

Ogike filed a statement that Plaintiff did not file an opposition to the demurrer.  She did, and the Court reviewed it in arriving at this tentative decision.  It appears, however, that Ogike's counsel was not served with the opposition, and hence the statement by Ogike of the lack of opposition to the demurrer. If Ogike wishes to continue the hearing on the demurrer so that he can file a reply to the opposition, the Court will grant that request.