Case Name: Law Offices of Travis Whitfield vs Hipolito Cerda
Case No.: 18CV322814

The demurrer by Cross-defendant Law Office of Travis Whitfield (“Cross-defendant”) to the Cross-complaint of Hipolito Cerda (“Cross-complainant”) and supporting papers were timely and properly served.

Cross-complainant did not file any opposition to the demurrer. Cross-complainant has the burden to show a reasonable possibility that amendment could cure the defects in the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) As Cross-complainant did not respond at all to the demurrer, the Court is unable to discern how the defects in the complaint could be cured by amendment, and among other defects appearing in the complaint, Cross-defendant has established that all of the causes of action alleged are barred by the applicable statutes of limitation. Accordingly, leave to amend is denied.

The Court will modify and sign the proposed form of order. After Cross-defendant has filed and served notice of entry of the order signed by the Court, Cross-defendant shall submit a proposed judgment either approved as to form or with proof of compliance with Rules of Court, Rule 3.1312.