Judge: Michael Small, Case: 24STCV04945, Date: 2024-10-01 Tentative Ruling

Case Number: 24STCV04945    Hearing Date: October 1, 2024    Dept: 57

The Court tentatively rules as follows on the demurrer of Defendant Kris Kharmandalian's to the Plaintiff's First Amended Complaint ("FAC").  The demurrer is overruled  as to the first cause of action for breach of contract and fourth cause of action for intentional tort.  The demurrer is sustained with leave to amend as to the second cause of action for common counts and third cause of action for negligence.   The demurrer of Defendant GM Elite Auto Repair, Inc. is sustained with leave to amend as to the third cause of action and overruled as to the fourth cause of action.  The Court exercised its discretion to consider both demurrers even though they were not timely filed.

The Defendants' motions to strike are denied.

The Court will elaborate on the tentative rulings at the hearing on the demurrers and motions to strike.