Demurrer CLMCal. Super. - 2nd Dist.October 17, 2014123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Rocky Baio COUNTY OF VENTURA VENTURA DATE: 03/13/2015 DEPT: 43 CLERK: Ellie Pangelinan REPORTER/ERM: None CASE NO: 56-2014-00459104-CU-BC-VTA CASE TITLE: Kalpakoff vs Muser CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of Contract/Warranty EVENT TYPE: Demurrer (CLM) to Complaint; Memo of p&a's MOVING PARTY: Wolf Muser CAUSAL DOCUMENT/DATE FILED: Demurrer to Complaint; Memo of p&a's, 12/24/2014 STOLO APPEARANCES STOLO Stolo Counsel J. Caleb Donner for plaintiff has contacted the court (previous to the hearing) and is submitting on the tentative ruling and will not appear The Court finds/orders: The Court's tentative is adopted as the Court's ruling. Court's tentative: Count One: After the filing of the demurrer, P did in fact file the required CCP 377.32 statement which would seem to make the demurrer moot. However, a certified copy of the required death certificate is not attached to the filed CCP 377.32 statement. Absent stipulation, the demurrer would be sustained with leave to file a proper statement. But for the defective statement, the demurrer would be overruled. Count Two: "Unjust Enrichment" is not a cause of action. Rather, unjust enrichment is a basis for obtaining restitution based on quasi-contract or imposition of a constructive trust. Sustain with leave to amend. Leave to amend until April 3, 2015. STOLO MINUTE ORDER DATE: 03/13/2015 Page 1 DEPT: 43
