Judge: Robert P. Dahlquist, Case: 37-2022-00019272-CU-OR-NC, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - September 28, 2023

09/29/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Other Real Property Demurrer / Motion to Strike 37-2022-00019272-CU-OR-NC FORD VS MORENO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 08/31/2023

Cross-defendant Fidelity National Title Company's unopposed demurrer to the cross-complaint (ROA # 60) is sustained without leave to amend. If cross-complainants Joel Moreno and Rodrigo Rodriguez appear (in person or remotely) at the hearing, and request leave to amend, the court is open to the possibility of sustaining the demurrer with leave to amend. If cross-complainants appear and request leave to amend, the court anticipates inquiring about cross-complainants' failure to file any papers in opposition to the demurrer.

The court deems the lack of opposition to the demurrer to be a concession as to the merits of the demurrer. In addition, notwithstanding the lack of opposition, the court has reviewed the moving papers and finds that the demurrer is meritorious.

The court requests that counsel for cross-defendant Fidelity National Title Company contact counsel for cross-complainants to determine if cross-complainants intend to appear at the hearing.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, September 29, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 29, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3013295