Lawzilla Additional Information: Plaintiff is represented by attorney Arlo Uriarte

19-CIV-02201 HORACIO CHAVEZ, ET AL. VS. JUAN ANTONIO ARTEAGA, ET AL.

HORACIO CHAVEZ JUAN ANTONIO ARTEAGA
ARLO G. URIARTE TIEGA-NOEL VARLACK

JUAN ANTONIO ARTEAGA DEMURRER TO COMPLAINT TENTATIVE RULING:

The general demurrer is OVERRULED. Plaintiff cites no authority holding that allegations of the specific pay periods in which any alleged violation occurred is essential to state a cause of action. While this information may be necessary to determine whether defendant has a defense to the action, that is not the purpose of a general demurrer.

Plaintiffs’ request for sanctions is DENIED for failure to comply with the procedural requirements of CCP §128.5. The statute provides that a motion for sanctions shall be made separately from other motions and, if the alleged action or tactic is the making or opposing of a written motion that can be withdrawn, a notice of motion shall be served but shall not be filed unless the challenged action or tactic is not withdrawn within 21 days after service of the notice.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff 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.