Superior Court of California

County of Los Angeles

Department 36

THE GREATS, LP, a California limited partnership, Plaintiff, v. CIT BANK, N.A., a business of form unknown; and DOES 1-100, inclusive, Defendants.

Case No.: 20STCV09592

Hearing Date: 10/1/2020

[TENTATIVE] RULING RE: Defendant’s Demurrer without Motion to Strike

Defendant’s demurrer to cause of action one is sustained without leave to amend.

Defendant’s demurrer to causes of action two and three is sustained with leave to amend.

Legal Standard

“A complaint is vulnerable to a general demurrer on the ground that it fails to state a cause of action.” (Schauer v. Mandarin Gems of California, Inc. (2005) 125 Cal.App.4th 949, 955.) “A general demurrer will [also] lie where the complaint ‘has included allegations that clearly disclose some defense or bar to recovery.’ [Citations].” (Holiday Matinee, Inc. v. Rambus, Inc., (2004) 118 Cal.App.4th 1413, 1421.) A plaintiff alleging a statutory violation “must state with reas