18-CIV-02463 LARISA VASERMAN VS. LAW OFFICES OF FINKELSTEIN, BENDER AND FUJII, LLP

LARISA VASERMAN LAW OFFICES OF FINKELSTEIN BENDER AND FUJII, LLP
PRO/PER JONATHAN D. WEINBERG

DEMURRER TO THE SECOND AMENDED COMPLAINT AND REQUEST FOR ENTRY OF DISMISSAL BY LAW OFFICES OF FINKELSTEIN BENDER & FUJII, LLP TENTATIVE RULING:

Defendant Law Office of Finkelstein, Bender and Fujii, LLP’s demurrer to Plaintiff’s Second Amended Complaint is SUSTAINED without leave to amend.

Plaintiff did not file an amended pleading within the time allowed by the court’s November 8 order sustaining Defendant’s demurrer to Plaintiff’s first amended complaint. On March 28, 2019, Plaintiff filed a document titled “Amendment No. 2.” That pleading does not contain any factual allegations in support of the asserted causes of action. As a result, Defendant’s demurrer is sustained pursuant to Code Civ. Proc. § 430.10(e). Plaintiff has demonstrated that she cannot allege facts supporting any cause of action. Accordingly, the demurrer is sustained without leave to amend.

Defendant shall submit a proposed judgment of dismissal.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.