Judge: Shirley K. Watkins, Case: 22VECV01123, Date: 2023-01-03 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 22VECV01123    Hearing Date: January 3, 2023    Dept: T

SHIRWO V CAPITAL ONE

22VECV01123

DEMURRER: Tentative ruling: Demurrer: No opposition has been filed.  No request to amend has been received.  The demurrer to the First Cause of Action is overruled.  There are sufficient facts to state a cause of action for breach of contract.  The court sustains the demurrer without leave to amend as to the Second through Seventh Causes of Action for the reasons as stated in the demurrer.  Answer due within 20 days. 

NOTICE OF ORDER TO SHOW CAUSE: The court sets an Order to Show Cause on 1/30/2023 at 8:30 a.m. in Dept. T pursuant to Walker v Superior Court (1991) 53 Cal.3d 264  as to why this case should not be transferred to limited jurisdiction because the claim fails to meet the superior court’s jurisdiction requirement of an amount in controversy exceeding $25,000.  Written response to the OSC shall be filed and served no later than 5 court days prior to the hearing.

CMC: The CMC set for 1/6/2023 is vacated.