Judge: Robert P. Dahlquist, Case: 37-2023-00030540-CU-BC-NC, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 21, 2023

12/22/2023  01:30:00 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 37-2023-00030540-CU-BC-NC WESTWAY TRANSPORT LLC VS BERNAL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/25/2023

Defendant San Diego Home and Estates, Inc.'s demurrer (ROA # 12) is overruled. Defendant shall file an answer by January 2, 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 unable to determine, on this limited record, that the claims asserted in the complaint are barred by res judicata or laches. See Johnson v. City of Loma Linda (2000) 24 Cal.4th 61, 77 ['A judgment is on the merits for purposes of res judicata 'if the substance of the claim is tried and determined...' [Citation.];' see also Sefton v. Sefton (2012) 206 Cal.App.4th 875, 895 [laches is inherently factual both as to the question of the unreasonableness of any delay and as to the question of prejudice to defendant which cannot be resolved by way of demurrer].

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

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, December 22, 2023. If no party appears at the hearing, this tentative ruling will become the order of the Court as of December 22, 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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