Ortega vs. FCA US, LLC

identify specific facts showing that the complaint can be amended to state a viable cause of action. But a court should deny leave to amend an initial complaint only rarely, when it appears conclusively that it is impossible to allege such facts.” (Amy's Kitchen, Inc. v. Fireman's Fund Ins. Co. (2022) 83 Cal.App.5th 1062, 1073.) Here, Plaintiffs have simply requested leave to amend.

Motion to Strike

Defendants Yorba Linda Water District, Reza Afshar, and Rosanne Weston’s Demurrer to the Second Amended Complaint (SAC) is granted in part and denied as moot in part.

Defendants’ requests to strike allegations within the 2nd, 4th, and 5th causes of action are denied as moot due to the Court sustaining the demurrer as to those causes of action.

Defendants’ requests to strike requests for relief in the prayer are granted because those requests rely on the causes of action subject to the demurrer.

Paragraphs 5, 6, and 15 of the SAC’s prayer for relief are ORDERED stricken. 14 24-01382884 Motion to Compel Production

Ortega vs. FCA US, LLC CONTINUED

15 25-01514073 Demurrer to Amended Complaint

River Street The general demurrer of defendant Salem Engineering Group, Inc., to all Marketplace LLC vs. seven causes of action in the first amended complaint of plaintiff River Salem Engineering Street Marketplace, LLC, is OVERRULED. Defendant is ordered to file Group, Inc. an answer to the FAC within 20 days.

Defendant’s request for judicial notice is DENIED.

Discussion. Defendant demurs to all seven causes of action in the plaintiff’s first amended complaint and asks for judicial notice of four documents from governmental sources that have no bearing on the issues presented in the moving papers. Plaintiff opposes the motion.

The first cause of action for breach of written contract. The first cause of action is for breach of the written contract that is attached to the FAC as Exhibit A. Defendant contends that this cause of action fails for several reasons, starting with an argument that the contract cannot be enforced because it is not signed by the parties. In fact, the agreement that is attached to the FAC as Exhibit A is not signed.

In support of its argument, defendant cites