8/28/17
Dept. 73
Rafael Ongkeko, Judge presiding
VICTORIA GONZALEZ v. JUAN GARCIA ET AL. (BC657640)
Counsel for plaintiff/opposing party: Mark Gomez; Cynthia Velasco (Gomez, etc.)
Counsel for defendants/demurring parties: Priscilla Mendoza
DEMURRER TO COMPLAINT (filed 6/26/17)
TENTATIVE RULING
The demurrer is proper only as to the first cause of action for quiet title because Plaintiff has not stated the date as of which determination is sought. The court therefore SUSTAINS the demurrer as to the first cause of action with leave to amend.
The demurrer to the third and fourth causes of action is OVERRULED. Plaintiff has pled facts sufficient to sustain those causes of action.
The demurrer based on the relevant statutes of limitations is OVERRULED in its entirety because the defects are not apparent on the face of Plaintiff’s complaint.
Plaintiff shall file and serve a first amended complaint no later than 9/8/17.
Unless waived, notice of ruling by moving party.
Hearing Date
August 28, 2017
Type
Quiet Title (General Jurisdiction)
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8/28/17
Dept. 73
Rafael Ongkeko, Judge presiding
VICTORIA GONZALEZ v. JUAN GARCIA ET AL. (BC657640)
Counsel for plaintiff/opposing party: Mark Gomez; Cynthia Velasco (Gomez, etc.)
Counsel for defendants/demurring parties: Priscilla Mendoza
DEMURRER TO COMPLAINT (filed 6/26/17)
TENTATIVE RULING
The demurrer is proper only as to the first cause of action for quiet title because Plaintiff has not stated the date as of which determination is sought. The court therefore SUSTAINS the demurrer as to the first cause of action with leave to amend.
The demurrer to the third and fourth causes of action is OVERRULED. Plaintiff has pled facts sufficient to sustain those causes of action.
The demurrer based on the relevant statutes of limitations is OVERRULED in its entirety because the defects are not apparent on the face of Plaintiff’s complaint.
Plaintiff shall file and serve a first amended complaint no later than 9/8/17.
Unless waived, notice of ruling by moving party.