Judge: Michael Small, Case: 24STCV12647, Date: 2025-03-25 Tentative Ruling

Case Number: 24STCV12647    Hearing Date: March 25, 2025    Dept: 57

The Court is sustaining with leave to amend the demurrer of J.P. Morgan Chase Bank N.A.'s ("JPM") to the claims that Plaintiff Kuei Shen has asserted against it in the Plaintiff's complaint.  The demurrer demonstrates that the allegations in the complaint fail to support the claims for negligence, negligent hiring, and conspiracy against JPM.  Plaintiff's opposition to the demurrer was (very) untimely.  In any event, none of the arguments advanced in the opposition defeats the demurrer.   Those arguments fail to address the shortcomings of the allegations against JPM in the complaint.

Plaintiff is correct that JPM improperly coupled its demurrer with a motion to strike in one document.   The Court did not, however, consider the motion to strike.  That is because the Court's ruling sustaining JPM's demurrer renders the motion to strike moot.

Plaintiff shall file and serve an amended complaint by April 15, 2025.