GEMMA MARSHALL, et al. vs MARY FORBES, et al.

2026CUDF060930: GEMMA MARSHALL, et al. vs MARY FORBES, et al. 06/10/2026 in Department 20 DEMURRER TO FIRST AMENDED COMPLAINT

MOTION TO STRIKE PORTIONS OF PLAINTIFF’S FIRST AMENDED COMPLAINT

The morning calendar in courtroom 20 will normally begin at 8:30 a.m. Please arrive for your hearing no later than 8:20 a.m. The door will be opened before the calendar is called.

The Court allows appearances by CourtCall and Zoom. If appearing by CourtCall, call in no later than 8:20 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made.

For Zoom appearances, all counsel appearing by Zoom must email the court at Courtroom20@ventura.courts.ca.gov with a simultaneous copy to all other counsel/selfrepresented parties no later than 3:00 p.m. the court day before the hearing. INCLUDE THE PHRASE "ZOOM APPEARANCE ON (DATE OF HEARING)" IN THE SUBJECT LINE OF YOUR EMAIL. The email must identify the person who will make the appearance. You will receive the login information for your appearance in reply to your email. If appearing by Zoom, log into the hearing no later than 8:20 a.m. The Court will transfer you to the meeting room when the calendar begins. When you log in to Zoom, be sure that your name and the case name are used as your Zoom name. IF YOU DO NOT FOLLOW ALL OF THESE INSTRUCTIONS, YOU WILL NOT BE PERMITTED TO APPEAR BY ZOOM AT THE HEARING.

With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling, you may email Courtroom20@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending an email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not advise the Court that you submit on the tentative, or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative.

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.

Motions:

1. Defendant Patricia Sica’s (“Defendant”) Demurrer to the First Amended Complaint (“FAC”)

2. Defendant’s Motion to Strike Portions of the FAC

2026CUDF060930: GEMMA MARSHALL, et al. vs MARY FORBES, et al.

Tentative:

1. Defendant’s Demurrer to the fifth cause of action of the FAC made on grounds of uncertainty and failure to state a cause of action is OVERRULED. Demurrers on the ground of uncertainty are disfavored and should only be sustained in the event the complaint is so vaguely and deficiently pleaded that the demurring defendant reasonably cannot intelligently respond to the complaint. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) In light of the attachments to the FAC, the fifth cause of action is not so unintelligible as to prevent a reasonable response.

A judge may consider exhibits in ruling on a demurrer. (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) Plaintiff alleges that Defendant made an unprivileged and false statement constituting slander per se to third parties for the sole and exclusive purpose of defaming Plaintiff and ruining her reputation, to wit, that Plaintiff embezzled money from the Jean Allison Trust. This is sufficient to plead a cause of action for slander per se as defined by Civil Code section 46, subdivision (1).

2. Defendant’s Motion to Strike Portions of Plaintiff’s FAC is DENIED. Plaintiff alleges that the statements made by Defendant were false and made for the sole and exclusive purpose of defaming Plaintiff and ruining her reputation. A reasonable trier of fact could find this was despicable and malicious conduct. The allegations are sufficient to support the prayer for punitive damages within the meaning of Civil Code section 3294.

Defendant Patricia Sica shall file her Answer to the FAC on or before June 30, 2026, unless Plaintiff files a Second Amended Complaint on or before June 21, 2026, in which case Defendant Patricia Sica shall file her Answer to the SAC pursuant to code.

Plaintiff shall provide notice.

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