HEARING ON DEMURRER TO COMPLAINT
FILED BY GARRETT THOMAS GARCIA, MIA LEE ULERY
* TENTATIVE RULING: *
For the following reasons, Defendants Garrett Thomas Garcia and Mia Lee Ulery’s Demurrer to Plaintiff Chicago Title Company’s complaint for restitution and unjust enrichment is sustained, with leave to amend.
Legal Standard on Demurrer
A demurrer is sustainable if, inter alia, “[t]he pleading does not state facts sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). “A demurrer should not be sustained without leave to amend if the complaint states a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” Seidler v. Municipal Court (1993) 12 Cal.App.4th 1229, 1233.
Analysis
Defendants demur on three bases. They first argue that the Complaint does not sufficiently set forth allegations of tortious conduct. They correctly note that a claim for unjust enrichment, unless predicated on quasi-contract, must plea
Hearing Date
June 17, 2020
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HEARING ON DEMURRER TO COMPLAINT
FILED BY GARRETT THOMAS GARCIA, MIA LEE ULERY
* TENTATIVE RULING: *
For the following reasons, Defendants Garrett Thomas Garcia and Mia Lee Ulery’s Demurrer to Plaintiff Chicago Title Company’s complaint for restitution and unjust enrichment is sustained, with leave to amend.
Legal Standard on Demurrer
A demurrer is sustainable if, inter alia, “[t]he pleading does not state facts sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). “A demurrer should not be sustained without leave to amend if the complaint states a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” Seidler v. Municipal Court (1993) 12 Cal.App.4th 1229, 1233.
Analysis
Defendants demur on three bases. They first argue that the Complaint does not sufficiently set forth allegations of tortious conduct. They correctly note that a claim for unjust enrichment, unless predicated on quasi-contract, must plea