Judge: Robert P. Dahlquist, Case: 37-2023-00028348-CU-FR-NC, Date: 2024-03-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - March 19, 2024

03/19/2024  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 37-2023-00028348-CU-FR-NC GHILEZAN VS HUBER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 01/04/2024

Defendants/cross-complainants James Huber, et al's demurrer (ROA # 63) is overruled. Defendants' motion to strike (ROA # 64) is denied. Defendants shall file an answer by April 5, 2024.

The special demurrer is overruled on the following grounds: (a) where a demurrer is made for uncertainty, it must specify exactly how or why the pleading is uncertain, and where such uncertainty appears (by reference to page and line numbers of the complaint) See Fenton v. Groveland Community Services Dist. (1982) 135 Cal.App.3d 797, 809 and (b) the causes of action in the first amended complaint (ROA # 24) do not appear to be uncertain, ambiguous or vague.

At this stage of the case, the court is required to liberally construe the allegations of the amended 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 amended complaint, liberally construed, are insufficient to constitute any cognizable cause of action. After careful review of the pleadings, arguments and authorities presented by the parties, the court believes that plaintiff has set forth sufficient facts constituting the causes of action asserted in the first amended complaint.

As the case progresses, the defendants may continue to assert these same arguments and defenses by way of motions and at trial.

Turning to the motion strike, the court believes that the factual allegations are sufficient at this stage of the case to support the claim of fraud and a request for punitive damages. Of course, defendants may continue to challenge all claims and all requests as the case progresses.

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 Tuesday, March 19, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of March 19, 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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3101093