Kirton v Selene Finance

In light of the above, the Motion to Set Aside is GRANTED. Hertz is ordered to file and serve its answer to the complaint within 20 days.

Moving party to give notice. 106 Kirton v Selene DEMURRER TO AMENDED COMPLAINT – Finance, 2025- SUSTAINED WITH LEAVE TO AMEND 01481861 Defendants Selene Finance LP and U.S. Bank Trust, as trustee of the VRMTG Asset Trust’s (together, “Defendants”) unopposed Demurrer to the First Amended Complaint (“FAC”) is SUSTAINED with leave to amend.

The Court construes Plaintiff’s failure to oppose the demurrer as an abandonment of Plaintiff’s claims or an admission that the demurrer has merit. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [“Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue”].) The failure to challenge a contention in a brief results in the concession of that argument. (DuPont Merck Pharmaceutical Co. v.

Sup. Ct. (2000) 78 Cal.App.4th 562, 566 [“By failing to argue the contrary, plaintiffs concede this issue”]; Westside Center Associates v. Safeway Stores 23, Inc. (1996) 42 Cal.App.4th 507, 529 [“failure to address the threshold question ... effectively concedes that issue and renders its remaining arguments moot”]; Glendale Redevelopment Agency v. Parks (1993) 18 Cal.App.4th 1409, 1424 [issue is impliedly conceded by failing to address it].)

Plaintiff attempted to file a Second Amended Complaint which was rejected; Plaintiff believes she can amend the complaint to cure the deficiencies identified by the demurrer. The Court will therefore grant Plaintiff one final opportunity to amend the pleading. Plaintiff shall file her Second Amended Complaint within 20 days of this order.

Defendant to give notice.