Judge: Thomas D. Long, Case: 23STCV07005, Date: 2024-07-30 Tentative Ruling

Case Number: 23STCV07005    Hearing Date: July 30, 2024    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

WFG NATIONAL TITLE INSURANCE COMPANY,

                        Plaintiff,

            vs.

 

JONATHAN GRIGSBY,

 

                        Defendant.

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      CASE NO.: 23STCV07005

 

[TENTATIVE] ORDER OVERRULING DEMURRER

 

Dept. 48

8:30 a.m.

July 30, 2024

 

On March 30, 2023, Plaintiff WFG National Title Insurance Company field this action Defendant Jonathan Grigsby, individually and as Trustee of the John Wesley Grigsby, Jr. Revocable Living Trust

On February 22, 2024, Defendant filed a demurrer.

A demurrer for sufficiency tests whether the complaint states a cause of action.  (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.)  When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true.  (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)

“A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken.  Unless it does so, it may be disregarded.”  (Code Civ. Proc., § 430.60.)

Defendant demurs to the Complaint on the grounds that it “fails to allege facts sufficient to maintain this action.”  (Demurrer at p. 3.)  Defendant only provides authority for this being a proper ground for demurrer.  Defendant does not specify why this Complaint’s allegations are insufficient.  “We need not consider an argument for which no authority is furnished.”  (Dabney v. Dabney (2002) 104 Cal.App.4th 379, 384.)  “[P]arties are required to include argument and citation to authority in their briefs, and the absence of these necessary elements allows this court to treat [an] issue as waived.”  (Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448 [37 Cal.Rptr.2d 126].)  Moreover, for the reasons stated in Plaintiff’s Opposition, the Complaint sufficiently alleges its causes of action.

The demurrer is OVERRULED.  Defendant is ordered to file an answer within 30 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 30th day of July 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court