This Tentative Ruling is made by Judge Noël Wise Defendant Adel Ali's "Demurrer and Motion to Strike Plaintiff's Second Amended Complaint" is OVERRULED.
A demurrer can only be based on defects appearing on the face of the challenged pleading or facts that are judicially noticeable. (See, e.g., Danobedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Defendant has not made a request for judicial notice in compliance with California Rules of Court, Rule 3.1113(l), and he fails to identify any deficiency in the causes of action pled in the Second Amended Complaint based on the facts appearing in that pleading.
To the extent that this motion is intended as a motion to strike, it is DENIED for failure to comply with California Rules of Court, Rule 3.1324(a).
The Court will prepare the order. Defendant shall file and serve his Answer to Plaintiff's Second Amended Complaint by October 12, 2021.
Hearing Date
September 23, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
This Tentative Ruling is made by Judge Noël Wise Defendant Adel Ali's "Demurrer and Motion to Strike Plaintiff's Second Amended Complaint" is OVERRULED.
A demurrer can only be based on defects appearing on the face of the challenged pleading or facts that are judicially noticeable. (See, e.g., Danobedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Defendant has not made a request for judicial notice in compliance with California Rules of Court, Rule 3.1113(l), and he fails to identify any deficiency in the causes of action pled in the Second Amended Complaint based on the facts appearing in that pleading.
To the extent that this motion is intended as a motion to strike, it is DENIED for failure to comply with California Rules of Court, Rule 3.1324(a).
The Court will prepare the order. Defendant shall file and serve his Answer to Plaintiff's Second Amended Complaint by October 12, 2021.