Sanchez v. BMW of North America, LLC

(03) Tentative Ruling

Re: Sanchez v. BMW of North America, LLC Case No. 25CECG05987

Hearing Date: August 4, 2026 (Dept. 403)

Motion: Defendant’s Demurrer to Sixth Cause of Action

If oral argument is timely requested, it will be entertained on Thursday, August 6, 2026, at 3:30 p.m. in Department 403.

Tentative Ruling:

To overrule defendant’s demurrer, in its entirety. (Code Civ. Proc., § 430.10.) To order defendant to file and serve its answer to the first amended complaint within 10 days of the date of service of this order.

Explanation:

First, defendant has not filed a separate points and authorities brief in support of the demurrer to the first amended complaint. Nor does defendant make any arguments regarding the deficiencies in the first amended complaint or the amended sixth cause of action. In fact, the notice of demurrer states that it is being brought as to the “complaint”, i.e. the original complaint rather than the first amended complaint. It appears that defendant is relying on the points and authorities it filed with regard to the original complaint rather than filing a new brief with regard to the first amended complaint. However, the FAC adds several new allegations to the sixth cause of action, so the arguments made in the original demurrer do not necessarily apply to the amended complaint.

“A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported.” (Cal. Rules of Court, rule 3.1113(a).) Here, since defendant has not filed a points and authorities brief with regard to its renewed demurrer to the FAC, it has conceded that its demurrer is without merit and it has waived any contentions that it has not supported.

Therefore, the court intends to overrule the demurrer based on the failure to file a points and authorities brief without reaching the merits of the demurrer. In addition, defendant has not filed a separate declaration regarding any meet and confer efforts made by counsel after the FAC was filed. “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.