Judge: Robert P. Dahlquist, Case: 37-2022-00039035-CU-FR-NC, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 10, 2023

08/11/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2022-00039035-CU-FR-NC ITO VS. YASUDA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 07/20/2023

Defendant Randall Alan Yasuda's demurrer (ROA # 21) is overruled. Defendant shall file an answer by August 31, 2023.

At this stage of the case, the court is required to liberally construe the allegations of the complaint, with a view to substantial justice between the parties. CCP § 452. The court should sustain a demurrer only if the facts alleged in the complaint, liberally construed, are insufficient to constitute any cognizable cause of action. The court is not persuaded that this standard is satisfied here. Specifically, the court is unable to determine, on this limited record, that the claims asserted in the complaint are barred by the statute of limitations. Schmier v. City of Berkeley (2022) 76 Cal. App. 5th 549, 554 ['...when the relevant facts are not clear such that the cause of action might be, but is not necessarily, time-barred, the demurrer will be overruled. [Citation.] Thus, for a demurrer based on the statute of limitations to be sustained, the untimeliness of the lawsuit must clearly and affirmatively appear on the face of the complaint and matters judicially noticed.'].

As the case progresses, defendant may continue to assert the demurrer's arguments and defenses by way of other motions and at trial.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on August 11, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of August 11, 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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