Judge: William Y. Wood, Case: 37-2024-00008594-CU-FR-NC, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 23, 2024

05/24/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2024-00008594-CU-FR-NC DUELL VS BAJAJ [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Vikas Bajaj and Vikas Bajaj Law, APC's demurrer to the complaint (ROA # 20) is sustained with leave to amend. Plaintiff Todd Alan Duell may file an amended complaint by June 3, 2024.

The special demurrer and general demurrer are sustained on the grounds that: (1) the causes of action are uncertain; (2) the libel and fraud claims are time barred pursuant to CCP §§340(c) and 338 (d); (3) California law does not recognize a civil cause of action for subornation of perjury (Penal Code § 127); and (4) Plaintiff has not pled fraud with the required specificity (see Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184 and Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73).

For these reasons, the Court sustains Defendants' demurrer but will give Plaintiff an opportunity to cure the defects.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, May 24, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of May 24, 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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