Judge: Robert P. Dahlquist, Case: 37-2023-00010193-CU-DF-NC, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - February 29, 2024

03/01/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Defamation Demurrer / Motion to Strike 37-2023-00010193-CU-DF-NC HOCH VS. HOCH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 12/04/2023

Defendants' demurrer (ROA # 23) is overruled. Defendants shall file an answer by March 20, 2024.

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 not persuaded, on this record, that the statements contained in the letter consist solely of opinion or that the statements are otherwise not actionable.

As the case progresses, defendants may continue to assert, by way of other motions and/or at trial, the arguments and defenses raised by this demurrer.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, March 1, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of March 1, 2024. 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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3061607