Case Number:
18STCV05753
Hearing Date:
March 03, 2021
Dept:
28
Demurrer

with

a

Motion

to

Strike


Having

considered

the

demurring

and

movin
g

papers
,

the

Court

rules

as

follows
.


No

opposing

papers

have

been

filed.


BACKGROUND


On

November

20,

2018,

Plaintiff

Joshua

Allen

(“Plaintiff”)

filed

a

complaint

against

Defendants

Osko’s

G&S

Center,

Inc.

(erroneously

sued

as

Osko’s

G&S

Center)

(“Defendant

Osko
”)

and

Ricardo

Ortega-Alvarado

(“Defendant

Ortega-Alvarado”).


Plaintiff

alleges

negligence,

assault,

and

battery

arising

from

an

altercation

that

occurred

on

July

15,

2018.


On

January

21,

2021,

Defendant

Osko

filed

a

demurrer

to

the

complaint

pursuant

to

California

Code

of

Civil

Procedure

section

430.10.


Also

on

January

21
,

2021,

Defendant

Osko

filed

a

motion

to