Tentative ruling issued by Judge Deborah C SERVINO on Aug. 20, 2021 in Orange County, CA - Case no: xxxxx511

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On August 20, 2021, Judge Deborah C SERVINO of Orange County Superior Court, Department C21, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 08.20.2021.

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DEFENDANTS ALBERTSON’S LLC, SAFEWAY, INC., AND MATT MEDINA’S DEMURRER
Defendants Albertson LLC’s, Safeway, Inc., and Matt Medina’s demurrer to Plaintiff Steve Julius Construction’s First Amended Complaint (“FAC”) is overruled in part and sustained in part. The demurrer as to the sixth and seventh causes of action, is overruled. The demurrer as to the eighth and ninth causes of action, is sustained with 15 days leave to amend.
A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied up….....

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