Judge: Robert P. Dahlquist, Case: 37-2022-00047471-CU-FR-NC, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 26, 2023

10/27/2023  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 37-2022-00047471-CU-FR-NC MCCALLUM VS. COUNTY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 09/06/2023

Defendant County of San Diego's unopposed demurrer (ROA # 28) is sustained.

The court deems the lack of opposition 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.

Plaintiff has not demonstrated how further amendment can cure the defects addressed in the demurrer.

Therefore, the demurrer is sustained without leave to amend.

If plaintiff believes the complaint can be amended to allege facts to overcome the deficiencies identified in the demurrer, the court invites plaintiff to appear at the hearing to request leave to amend.

The court invites counsel for defendant County of San Diego to submit a proposed judgment.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, October 27, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of October 27, 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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