No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Riley's secretary at 805-662-6712, stating that you submit on the tentative. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, you run the inherent risk of the hearing being conducted in your absence and the final ruling differing from the tentative.
The court's tentative ruling is to:
Grant the request for judicial notice but not for truth therein.
Overrule the demurrer.
Answer to be filed and served within 20 days.
Discussion
A general demurrer (CCP § 430.10(e)) tests the legal sufficiency of the pleadings, and looks only to the factual allegations on the face of the pleading and to any attachments thereto, or from matters outside the pleading that ar