Tentative ruling issued by Judge Timothy M. Casserly on Dec. 17, 2020 in San Diego County, CA - Case no: xxxxx-NC

The Demurrer to Complaint brought by defendant Hoyt Hart II, Esq. dba KalHart Transportation Services, Inc. is disposed as follows:

--First Cause of Action (Breach of Contract) – SUSTAINED with leave to amend --Second Cause of Action (Open Account) - SUSTAINED with leave to amend --Third Cause of Action (Promissory Estoppel) - OVERRULED

Plaintiff shall have until January 15, 2021 to file and serve a First Amended Complaint. If Plaintiff does not file and serve a First Amended Complaint, Defendant shall have until February 5, 2021 to file and serve an answer (or to otherwise plead).

Merits of Motion – First Cause of Action (Breach of Contract)

This case concerns a dispute over repair and maintenance charges to a private aircraft. The ownership of the aircraft is a bit confusing based on both the pleadings and the papers pertaining to the instant motion, but it appears that the aircraft is technically owned by a defunct Nevada corporation (defe….....