Tentative ruling issued by Judge Kimberly Gaab on Aug. 17, 2018 in Fresno County, CA - Case no: xxxxx511

Motion: 1) Defendant Panoche Water District’s Demurrer to Complaint
2) Defendant Panoche Water District’s Motion to Strike
Tentative Ruling:
To sustain the general and special demurrers to each cause of action, with leave to amend. (Code Civ. Proc. § 430.10, subd. (e), (g).) To grant the motion to strike, without leave to amend. Plaintiff shall have ten (10) court days from the date of service of this order in which to file a first amended complaint.
Explanation:
Special Demurrer
A demurrer will lie in an action founded upon a contract when it cannot be ascertained from the pleading whether the contract is written or oral, or implied by conduct. (Code Civ. Proc. § 430.10, subd. (g).) The court may consider other allegations in the complaint and read the complaint in its entirety to determine if the full pleading reasonably indicates whether the contract was written or oral. (See, e.g., Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 99—finding that “it c….....