JOSEPH GULLO vs. AHP SERVICING, LLC; ET AL.
AMROCK’s Demurrer to Complaint
Motion type
Causes of action
Parties
Ruling
Case No. CU24-09570
AMROCK’s Demurrer to Complaint
Defendant AMROCK TITLE CALIFORNIA (“AMROCK”) demurs to Plaintiff JOSEPH GULLO’s first amended complaint alleging violation of the Fair Debt Collection Practices Act and unlawful business practices.
Plaintiff’s opposition filed May 7, 2026 concedes the insufficiency of the operative complaint. Plaintiff requests leave to amend. Leave to amend should be allowed when a defect is capable of cure. (Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) It is the pleading party’s burden to show the trial court that a reasonable possibility exists that amendment can cure identified defects in that party’s pleading. (Murphy v. Twitter, Inc. (2018) 60 Cal.App.5th 12, 42.) Policy favors liberal granting of leave to amend where there is no prejudice to the opposing party. (Miles v. City of Los Angeles (2020) 56 Cal.App.5th 728, 739.) The Court finds a reasonable possibility that Plaintiff can amend his complaint to cure defects in his first amended complaint.
AMROCK’s demurrer is sustained with leave to amend. Plaintiff must file his second amended complaint within 20 days of the date of service of this order.
EBONAE WEBB vs. PACE SOLANO INC.
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