Judge: Robert P. Dahlquist, Case: 37-2023-00019327-CU-OR-NC, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 02, 2023

11/03/2023  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 37-2023-00019327-CU-OR-NC KAI VS. JEFFERSON ANDREWS, LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 09/01/2023

Defendant Jefferson Andrews LLC's unopposed demurrer (ROA # 9) is sustained.

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 papers and finds that the demurrer is meritorious.

Since plaintiff has not filed any opposition, 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 that he is able to allege additional facts to overcome the deficiencies identified in the demurrer, the court invites plaintiff to appear (in person or remotely) at the hearing to request leave to amend.

The court invites counsel for defendant 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, November 3, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of November 3, 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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3016166