TENTATIVE RULING
Defendant Jae H. Kim’s Demurrer to Plaintiff’s Complaint is SUSTAINED, with twenty (20) days leave to amend.
Defendant Jae H. Kim’s Motion to Strike Portion’s [sic] of Plaintiff’s Complaint is DENIED, as moot.
“[P]laintiff may amend his or her complaint only as authorized by the court’s order” and “may not amend the complaint to add a new cause of action without having obtained permission to do so.” (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)
Defendant Jae H. Kim to give notice.
REASONING
“[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subje
Hearing Date
July 26, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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TENTATIVE RULING
Defendant Jae H. Kim’s Demurrer to Plaintiff’s Complaint is SUSTAINED, with twenty (20) days leave to amend.
Defendant Jae H. Kim’s Motion to Strike Portion’s [sic] of Plaintiff’s Complaint is DENIED, as moot.
“[P]laintiff may amend his or her complaint only as authorized by the court’s order” and “may not amend the complaint to add a new cause of action without having obtained permission to do so.” (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)
Defendant Jae H. Kim to give notice.
REASONING
“[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subje