Judge: William Y. Wood, Case: 37-2022-00016362-CU-BC-NC, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - April 10, 2024

04/12/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00016362-CU-BC-NC LAKE VS KOZEN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 01/04/2024

Defendant Jim Jenkins' demurrer to the second amended complaint (ROA # 114) is overruled.

Defendant shall file an answer by April 22, 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 second amended 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 second amended complaint, liberally construed, are insufficient to constitute any cognizable cause of action. The Court is not persuaded that this standard is satisfied here. Specifically, the Court is unable to determine, on this limited record and at this stage of the case, that defendant Jenkins did not commit any fraudulent misconduct or any of the other acts alleged by the plaintiff James Lake.

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

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, April 12, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of April 12, 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.

Calendar No.: Event ID:  TENTATIVE RULINGS

3110264