Judge: Robert P. Dahlquist, Case: 37-2023-00023265-CU-BC-NC, Date: 2024-01-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 05, 2024

01/08/2024  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00023265-CU-BC-NC CUNNINGHAM VS SYMONDS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/26/2023

Defendants Amara Symonds and Robert Symonds' unopposed demurrer (ROA # 17) is sustained with leave to amend.

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.

Defendants request that the demurrer be sustained with leave to amend. (ROA # 17, at page 6) As such, the court will sustain the demurrer with leave to amend as to the first, second, third and fourth causes of action.

The demurrer does not challenge the fifth cause of action for negligence.

If plaintiff elects to file an amended complaint, she shall do so (and serve it) by Jan. 31, 2024.

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 2:30 p.m. on Monday, January 8, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 8, 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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