Tentative ruling issued by Judge Rosemary McGuire on Aug. 24, 2020 in Fresno County, CA - Case no: xxxxx730

Motion: By Defendant Harold Grooms, M.D. in Demurrer to First
Amended Complaint
Tentative Ruling:
To sustain the demurrer to the fourth cause of action for unjust enrichment (and only this cause of action), without leave to amend. Defendant Harold Grooms, M.D., is granted 10 days’ leave to file his answer to the First Amended Complaint. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation:
The demurrer to the First Amended Complaint clearly stated defendant was demurring only to the fourth cause of action for unjust enrichment, and defendant’s opening argument did not mention a demurrer to the third cause of action for constructive trust. The opposition brief appeared to assume the demurrer was to both the third and fourth causes of action, and in reply defendant followed suit. However, the court has ignored all argument regarding the third cause of action for constructive trust, as the motion was not aime….....