Tentative Ruling: On July 31, 2019, plaintiff filed the complaint. On September 13, 2019, defendant timely demurred.
Defendant’s request for judicial notice for Exhibits A through H pursuant to Evidence Code section 452 and 453 is GRANTED.
Defendant’s demurrer to the first cause of action for Property Damage is SUSTAINED Without leave to amend. The cause of action is improper per the legal doctrine of res judicata as the matter was adjudged by a stipulated agreement on March 20, 2019, in Calaveras Superior Court case number 18FL43314, which was incorporated in a Judgment on May 29, 2019.
Defendant’s demurrer to the second cause of action for property damages is SUSTAINED Without leave to amend. Any allegations as to property damages caused by defendant is improper per the legal doctrine of res judicata as the matter was adjudged by a stipulated agreement on March 20, 2019, in Calaveras Superior Court case number 18FL43314, which is incorporated in a Judgment on May 29, 2019.
Defend
Hearing Date
November 01, 2019
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Tentative Ruling: On July 31, 2019, plaintiff filed the complaint. On September 13, 2019, defendant timely demurred.
Defendant’s request for judicial notice for Exhibits A through H pursuant to Evidence Code section 452 and 453 is GRANTED.
Defendant’s demurrer to the first cause of action for Property Damage is SUSTAINED Without leave to amend. The cause of action is improper per the legal doctrine of res judicata as the matter was adjudged by a stipulated agreement on March 20, 2019, in Calaveras Superior Court case number 18FL43314, which was incorporated in a Judgment on May 29, 2019.
Defendant’s demurrer to the second cause of action for property damages is SUSTAINED Without leave to amend. Any allegations as to property damages caused by defendant is improper per the legal doctrine of res judicata as the matter was adjudged by a stipulated agreement on March 20, 2019, in Calaveras Superior Court case number 18FL43314, which is incorporated in a Judgment on May 29, 2019.
Defend