Judge: Theodore R. Howard, Case: 22-1249601, Date: 2022-11-10 Tentative Ruling

The unopposed Demurrer by Title365 to plaintiff Joseph Matyasik’s complaint is SUSTAINED.

“The elements of a cause of action for negligence are well established. They are '(a) a legal duty to use due care; (b) a breach of such legal duty; [and] (c) the breach as the proximate or legal cause of the resulting injury.' ”  (Ladd v. Cty. of San Mateo (1996) 12 Cal. 4th 913, 917.)

  “[T]he existence of a duty is a question of law for the court.”  (Kentucky Fried Chicken of Cal., Inc. v. Superior Court (1997) 14 Cal. 4th 814, 819.)  Here, plaintiff has not alleged sufficient facts showing Title365 owed a duty to him.

Further, no opposition was filed to the Demurrer which suggests that Plaintiff concedes it has merit and has abandoned the claim against Title365. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 - plaintiff’s failure to oppose demurrer to portion of COA and then to submit any argument on the issue on appeal deemed abandonment of issue.)

Court orders moving party to give notice.