Judge: Robert C. Longstreth, Case: 37-2023-00041616-CL-BC-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 12, 2024

03/15/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Limited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00041616-CL-BC-CTL POWELL VS CONVORY MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/25/2023

Defendants Convoy Motors LLC, Antonio Munoz, and Silvio Gallone's unopposed Demurrer to Plaintiffs' Complaint (ROA 30) is SUSTAINED on the grounds the Complaint fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10(e).) The court observes that although Plaintiffs did not timely file an opposition brief, Plaintiff Gail Bradley did file a 'response.' (ROA 58.) The court disregarded Ms. Bradley's discussion of the settlement communications between her and Defendants' counsel, and in any event, the 'response' does not state a valid cause of action. The court will hear from Plaintiffs as to whether leave to amend should be granted.

Defendants are to submit a proposed Judgment within five (5) days.

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