Judge: Robert P. Dahlquist, Case: 37-2023-00045594-CU-CO-NC, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - March 07, 2024

03/08/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Contract - Other Demurrer / Motion to Strike 37-2023-00045594-CU-CO-NC LANDT III VS YAMAHA MOTOR CORPORATION, USA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 12/22/2023

Defendant Yamaha Motor Corporation, USA's demurrer (ROA # 15) is overruled. Defendant shall file an answer by March 18, 2024.

Defendant's request for judicial notice dated December 22, 2023 (ROA # 17) is denied. The court is not persuaded that it may properly take judicial notice of a limited warranty. However, the outcome of this demurrer would be the same even if the court took judicial notice of the limited warranty.

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.

As the case progresses, the defendant may continue, in other motions and/or at trial, to assert the arguments and defenses presented by 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, March 8, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of March 8, 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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