In the event oral argument is timely requested, it will be
heard on February 5, 2020, at 3:30 p.m., in Dept. 503.
Motion: Demurrer to Complaint
Tentative Ruling:
To sustain the general demurrers to the complaint without leave to amend. (Code Civ. Proc. § 430.10(e).) Prevailing parties are directed to submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendants.
Explanation:
Except as otherwise provided by statute, “every action must be prosecuted in the name of the real party in interest . . . .” (Code Civ. Proc. § 367.) If “any person other than a real party in interest brings an action, it is subject to general demurrer. [Citations.]” (Saks v. Damon Raike & Co. (1992) 7 Cal.App.4th 419, 427.) “In general, the person who has the right to file suit under the substantive law is the real party in interest. [Citation.]” (Ibid.)
As alleged in the complaint, and demonstrated in records subject to judicial no
Hearing Date
January 29, 2020
Type
42 Unlimited - Other Complaint (not specified)
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In the event oral argument is timely requested, it will be
heard on February 5, 2020, at 3:30 p.m., in Dept. 503.
Motion: Demurrer to Complaint
Tentative Ruling:
To sustain the general demurrers to the complaint without leave to amend. (Code Civ. Proc. § 430.10(e).) Prevailing parties are directed to submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendants.
Explanation:
Except as otherwise provided by statute, “every action must be prosecuted in the name of the real party in interest . . . .” (Code Civ. Proc. § 367.) If “any person other than a real party in interest brings an action, it is subject to general demurrer. [Citations.]” (Saks v. Damon Raike & Co. (1992) 7 Cal.App.4th 419, 427.) “In general, the person who has the right to file suit under the substantive law is the real party in interest. [Citation.]” (Ibid.)
As alleged in the complaint, and demonstrated in records subject to judicial no