Motion: Defendant Sun-Maid Growers’ demurrer and accompanying
request for judicial notice
Tentative Ruling:
To grant defendant’s request for judicial notice. To sustain the demurrer in its entirety, except as to attorney’s fees. Plaintiffs are granted ten days’ leave to amend. All changes must be in bold. The time in which an amendment may be filed will run from service by the clerk of the minute order.
Explanation:
A demurrer is appropriate “[w]hen any ground for an objection to a complaint … appears on the face thereof, or from any matter of which the court is required to or may take judicial notice ....” (Code Civ. Proc., § 430.30, subd. (a).) A court should sustain a demurrer where a complaint fails to state “facts sufficient to constitute a cause of action.” (Id. at § 430.10, subd. (e).) To survive a demurrer, a plaintiff must assert the ultimate factual allegations—not contentions, deductions, or conclusions of fact or law—that establish all essential elements of the alleged caus
Hearing Date
June 25, 2020
Type
06 Unlimited - Breach of Contract/Warranty
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: Defendant Sun-Maid Growers’ demurrer and accompanying
request for judicial notice
Tentative Ruling:
To grant defendant’s request for judicial notice. To sustain the demurrer in its entirety, except as to attorney’s fees. Plaintiffs are granted ten days’ leave to amend. All changes must be in bold. The time in which an amendment may be filed will run from service by the clerk of the minute order.
Explanation:
A demurrer is appropriate “[w]hen any ground for an objection to a complaint … appears on the face thereof, or from any matter of which the court is required to or may take judicial notice ....” (Code Civ. Proc., § 430.30, subd. (a).) A court should sustain a demurrer where a complaint fails to state “facts sufficient to constitute a cause of action.” (Id. at § 430.10, subd. (e).) To survive a demurrer, a plaintiff must assert the ultimate factual allegations—not contentions, deductions, or conclusions of fact or law—that establish all essential elements of the alleged caus