Demurrer to First Amended Complaint
25CV110027: AGUILAR RODRIGUEZ vs JPMORGAN CHASE BANK, NA 06/11/2026 Hearing on Demurrer Demurrer to First Amended Complaint; filed by JPMorgan Chase Bank, NA (Defendant) CRS# 314826332069 in Department 17
Tentative Ruling - 06/10/2026 Chad A. Stegeman
The Demurrer filed by JPMorgan Chase Bank, NA on 01/28/2026 is Sustained without Leave to Amend.
The unopposed Demurrer of Defendant JPMorgan Chase Bank (Defendant) to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.
REQUEST FOR JUDICIAL NOTICE Defendants Request for Judicial Notice is granted as to Exhibit 1, which consists of California court records. (Evid. Code, § 452, subd. (d).) However, the Court does not take judicial notice of the truth of any of the facts asserted in the matters noticed. (See Fogel v. Farmers Group, Inc. (2008) 160 Cal.App.4th 1403, 1413 n. 7; Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.)
LEGAL STANDARD
A demurrer tests whether a complaint alleges facts sufficient to state a cause of action under any possible legal theory. (Gutierrez v. Carmax Auto Superstores California (2018) 19 Cal.App.5th 1234, 1244.) The term any is a broad term that means of whatever kind or without restriction. (Ibid.) When considering demurrers, courts read the allegations in context. (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.)
On demurrer, we admit all material facts properly pleaded as true, but not contentions, deductions or conclusions of fact or law. (Lauckhart v. El Macero Homeowners Association (2023) 92 Cal.App.5th 889, 898
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Any defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone, not the evidence or other extrinsic matters. (Code Civ. Proc, §§ 430.30, 430.70.) Relevant here, demurrers for uncertainty are strictly construed and disfavored. (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822.) In fact, a demurrer for uncertainty should only be sustained if the pleading is so incomprehensible that a defendant cannot reasonably respond. (Lickiss v.
Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) Even where a complaint is in some respects uncertain, a demurrer for uncertainty should be overruled where ambiguities can be clarified under modern discovery procedures or where the relevant facts are presumptively within the defendants knowledge. (Chen, supra, 33 Cal.App.5th at p. 822; Khoury v. Malys of California, Inc. (1993) 14 Cal.App.4th 612, 616.)
Where the complaint is defective, it ordinarily constitutes an abuse of discretion to sustain a demurrer without leave to amend if there is a reasonable possibility that the defect can be cured by amendment. (Aubry v. Tri-City Hospital District (1992) 2 Cal.4th 962, 970971.) 25CV110027: AGUILAR RODRIGUEZ vs JPMORGAN CHASE BANK, NA 06/11/2026 Hearing on Demurrer Demurrer to First Amended Complaint; filed by JPMorgan Chase Bank, NA (Defendant) CRS# 314826332069 in Department 17
DISCUSSION Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given. (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) For the Court to grant leave to amend after sustaining a demurrer, however, the plaintiff must show a reasonable possibility of curing the defect in the complaint by amendment. (Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 994.) The plaintiff bears the burden of proving that an amendment would cure the defect. (Ibid.) Here, in light of Plaintiffs lack of Opposition, Plaintiff Francisco Javier Aguilar Rodriguez has not met his burden to show that he may cure the defects identified in Defendants Demurrer as to all three causes of action. Accordingly, Defendants Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.
If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.
HOW DO I CONTEST A TENTATIVE RULING?
THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting 8. Select Proceed
BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.
BOTH ECOURT AND EMAIL notices are required.