Tentative ruling issued by Judge Clare Maier on May. 03, 2021 in Contra Costa County, CA - Case no: xxxxx966

HEARING ON DEMURRER TO 2nd Amended COMPLAINT

FILED BY CITY OF PITTSBURG, MUNICIPAL MARINA

* TENTATIVE RULING: *

Defendants the City of Pittsburg and the Municipal Marina’s demurrer to the second amended complaint is sustained with leave to amend as to causes of action two, three, five, seven and eight, and sustained without leave to amend as to cause of action six. Plaintiff shall file and serve an amended complaint May 17, 2021.

Defendants demur based on the failure to state a cause of action and on uncertainty. The demurrer does not specify whether it is addressed to the entire complaint or to a particular cause of action as required by California Rules of Court, rule 3.1320(a). The memorandum and meet and confer letter did specify the challenged causes of action and there appears to be no prejudice to Plaintiff who addressed each challenged cause of action in his opposition. Therefore, the Court will consider Defendants’ demurrer as a demu….....