Judge: Robert P. Dahlquist, Case: 37-2022-00040800-CU-BC-NC, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - September 07, 2023

09/08/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00040800-CU-BC-NC HERNANDEZ VS. ERMEL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 08/16/2023

Cross-defendant Martial Etame's demurrer (ROA # 41) is overruled, as untimely, particularly in light of the answer that was filed by Martial Etame on July 7, 2023 (ROA # 35). Cross-defendant's motions to strike (ROA #'s 39-40) are denied without prejudice.

It appears that cross-defendant Martial Etame may be correct in asserting that Wolfram Ermel's cross-complaint is barred because (1) the cross-complaint is seeking to re-litigate claims that have been adjudicated to a final judgment by the Los Angeles Superior Court and affirmed by the Court of Appeal, and/or (2) it asserts claims that are not cognizable because Martial Etame's actions in obtaining a judgment against Wolfram Ermel in the Los Angeles Superior Court are privileged. But the court has not been provided with a sufficient record (matters that are subject to judicial notice and/or evidence) to adjudicate these issues in connection with these motions. In addition, there is a procedural problem with the demurrer – namely, that it is untimely.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, September 8, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 8, 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.

Calendar No.: Event ID:  TENTATIVE RULINGS

3005255