Case Number: 19STCV42463 Hearing Date: August 31, 2020 Dept: 56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
| JENNY MARCHICK,
Plaintiff, vs.
KENYA REEVES-COSTA, et al.,
Defendants. |
CASE NO.: 19STCV42463
[TENTATIVE] ORDER RE: DEMURRER TO COMPLAINT
Date: August 31, 2020 Time: 8:30 a.m. Dept. 56
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MOVING PARTIES: Defendants Kenya Reeves-Costa and LF Assoc. Inc.
The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to be filed and served at least nine court days prior to the hearing. (Code Civ. Proc. § 1005(b).)
BACKGROUND
This action arises from alleged wrongful actions with respect to the purchase of a single-family home. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) negligence; (2) breach of written contract; (3) fraud; (4) constructive fraud; and (5) breach of fiduciary duty.
On March 18, 2020, Defendants filed and served a demurrer to the second and third causes of action in the complaint. Defendants’ motion is unopposed.
On April 29, 2020, the Court issued an order continuing the hearing on Defendants’ demurrer from June 4, 2020 to August 31, 2020. The Court attached a certificate of mailing in connection with the Court’s April 29, 2020 order.
Due to the lack of opposition, the Court SUSTAINS with 20 days leave to amend the demurrer of Defendants to the second and third cause of action in the complaint. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)
Moving parties are ordered to give notice of this ruling.
In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by CourtCall if the parties do not submit on the tentative. If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person. The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date. This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 31st day of August 2020
| Hon. Holly J. Fujie
Judge of the Superior Court
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