Judge: Robert P. Dahlquist, Case: 37-2023-00038075-CU-CR-NC, Date: 2023-12-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 14, 2023

12/18/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Civil Rights Demurrer / Motion to Strike 37-2023-00038075-CU-CR-NC IVCHENKO VS SAN DIEGO COUNTY SHERIFFS DEPARTMENT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 11/09/2023

Defendants City of Carlsbad, Carlsbad Police Department, Police Chief Mickey Williams, Erica Bergandi, Jordan Marchante, Dan Wahl, Shaun Lawton and Conrad Page-Demorst's unopposed demurrer (ROA # 17) is sustained. Defendants' motion to strike (ROA # 22) is granted.

The court deems the lack of opposition to the demurrer and motion to strike to be a concession as to the merits of the demurrer and motion to strike. In addition, notwithstanding the lack of opposition, the court has reviewed the papers and finds that the demurrer and motion to strike are meritorious.

Plaintiffs have not demonstrated how further amendment can cure the defects addressed in the demurrer and motion to strike.

If plaintiffs believe the complaint can properly be amended to overcome the deficiencies identified in the demurrer and motion to strike, the court invites plaintiffs' counsel to appear at the hearing to address this issue. Otherwise, the demurrer will be sustained and the motion to strike will be granted without leave to amend.

If the demurrer is sustained and the motion to strike is granted without leave to amend, the court invites the moving parties' counsel to submit a proposed judgment.

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 Monday, December 18, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 18, 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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