Judge: Robert P. Dahlquist, Case: 37-2023-00025569-CU-BC-NC, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - October 19, 2023

10/20/2023  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 37-2023-00025569-CU-BC-NC GREGORY M GARRISON APC VS GILL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 09/08/2023

Plaintiff Gregory M. Garrison, APC's demurrer to defendant's answer (ROA # 12) is overruled.

At this stage of the case, the parties' pleadings must be liberally construed, with a view to substantial justice between the parties. CCP § 452. Substantial justice would not be achieved by sustaining this demurrer without leave to amend, as requested by plaintiff.

The answer properly puts plaintiff on notice of defendant's defenses. To the extent that additional factual support may be needed, that can be obtained by discovery requests, such as interrogatories. To the extent that plaintiff is asserting that certain defenses are not applicable to this case, the court would defer addressing the merits of those assertions until a later point in the case, when the court has a more complete understanding of the facts and issues in the case.

All affirmative defenses may be contested or challenged in the future by way of other motions and at trial.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, October 20, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of October 20, 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

3017069