Judge: Robert P. Dahlquist, Case: 37-2023-00040439-CU-BC-NC, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - February 01, 2024

02/02/2024  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 37-2023-00040439-CU-BC-NC ASSET GROUP, INC VS DALRADA HEALTH PRODUCTS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/11/2023

Defendant Dalrada Health Products, Inc.'s demurrer (ROA # 9) is overruled. Defendant shall file an answer by February 12, 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 do not appear to be uncertain, ambiguous or vague.

Turning to the general demurrer, 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.

The court recognizes that a claim for intentional misrepresentation must be pled with specificity. It is close call as to whether the required level of specificity has been satisfied in this instance, but the court will find that the standard is satisfied here.

As the case progresses, the defendant may continue to assert, by way of other motions and at trial, the arguments and defenses contained in this demurrer.

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, February 2, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of February 2, 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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