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2026CUPP060117·ventura·Civil·Civil Litigation
Hearing 3 months agoDemurrer SUSTAINED WITH LEAVE TO AMEND; Motion to Strike GRANTED WITH LEAVE TO AMEND

ANA MARIA YANEZ vs ALEJANDRO DORADO, et al.

Demurrer; Motion to Strike

Hearing date
Jun 9, 2026
Department
41
Judge
Prevailing
Moving Party

Motion type

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Parties

PlaintiffANA MARIA YANEZ
DefendantALEJANDRO DORADO
DefendantWENDY ELIAS

Ruling

2026CUPP060117: ANA MARIA YANEZ vs ALEJANDRO DORADO, et al. 06/09/2026 in Department 41 Demurrer

Below is the Court’s tentative decision with respect to the matter on calendar. The Court may adopt, modify, or change the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.

If you wish to submit on the Court’s tentative decision without appearing, please send an email to the following address by 8:00 a.m. on the date of the hearing with counsel for all parties’ copied on your email: courtroom41@ventura.courts.ca.gov Please state on the subject line of your email: “SUBMISSION ON TENTATIVE”, Case Number, Title and Party. If fewer than all parties submit on the tentative, the hearing will proceed, and the tentative decision is subject to change.

Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized.

If you are an attorney or Pro Per and your case is on calendar, you can appear remotely by Zoom for Case Management Conferences and Law & Motion matters. You cannot appear remotely for trials or any matter where testimony or evidence is going to be admitted. This court no longer allows remote appearances by CourtCall. Zoom is the exclusive means by which counsel can appear remotely. Represented parties, interested persons, witnesses, and the public at large, cannot attend remotely. You cannot forward the Court's Zoom link to others so that they can attend remotely. Courtroom 41 is open to the public and such individuals can attend by physically appearing in the courtroom. While appearing remotely by Zoom, it is unlawful

2026CUPP060117: ANA MARIA YANEZ vs ALEJANDRO DORADO, et al.

to video or audio record the proceedings or take screen shots/still photos of the proceedings.

To appear remotely by Zoom, you must submit an email request to the Court by 4 p.m. the court day before your hearing to: courtroom41@ventura.courts.ca.gov, with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” Your email request must identify the name of the attorney/party who will appear by Zoom and all counsel/parties must be copied on your email request. When appearing by Zoom, you will need to mute yourself until your case is called at which point you will also have to turn on your camera. The court calendar begins at 9 a.m. Assuming you have given advance email notice the court day before your hearing of your intent to appear by Zoom, you may enter the Courtroom 41 Zoom waiting room at 8:15 a.m. on the day of your hearing through this link: https://ventura-courts-ca.zoom.us/j/81985625079?pwd=cHV2MENmWGNLSnJCMlM5Sk1xRk 0vdz09

For information about Judge DeNoce including his case management and trial rules, please visit: www.DeNoce.com

______________________________________________________________

Tentative Decision:

Defendants Alejandro Dorado and Wendy Elias’ Demurrer to Plaintiff’s Complaint.

Defendants Alejandro Dorado and Wendy Elias’ Motion to Strike Plaintiff’s Complaint.

Initially, the Court notes that the Complaint is uncertain. Further, insufficient facts are stated to support any of the causes of action asserted. Defendants Alejandro Dorado and Wendy Elias’s Demurrer to Plaintiff’s Complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10. subds. (e) and (f).)

Defendants Alejandro Dorado and Wendy Elias’s Motion to Strike in GRANTED in its entirety WITH leave to amend as the Complaint does not allege facts to support claims that the defendants have been guilty of oppression, fraud, or malice. (Civ. Code, § 3294.) When the

2026CUPP060117: ANA MARIA YANEZ vs ALEJANDRO DORADO, et al.

defect which justifies striking a complaint is capable of being cured, the court should allow leave to amend. (Perlman v. Municipal Court (1979) 99 Cal.App.3d 568, 575.)

Plaintiff to file an Amended Complaint within 20 days.

3

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