New York, NY asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California

Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1


(III) Fraud in the Inducement

(IV) Intentional Misrepresentation

(V) Intentional Misrepresentation

(VI) Negligent Misrepresentation


The elements of fraud are (a) a misrepresentation (false representation, concealment, or nondisclosure);

(b) scienter or knowledge of its falsity; (c) intent to induce reliance; (d) justifiable reliance; and (e)

resulting damage. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638, 49 Cal.Rptr.2d 377, 909 P.2d

981; 5 Witkin, Summary of Cal. Law (10th ed. 2005) Torts, § 772, p. 1135.) Fraud in the inducement is a

subset of the tort of fraud. It "occurs when ' "the promisor knows what he is signing but his consent is

induced by fraud, mutual assent is

3 Lawyer Answers
Robert P. Cogan
Robert P. Cogan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • San Diego, CA
  • Licensed in California

A: It seems that you are seeking legal advice for conduct of litigation. Legal advice is not properly provided outside of an attorney-client relationship. In order to answer the question, the context needs to be known. The question states, "Demurrer was issued a tentative order." That is not how a demurrer generally works. It is likely necessary that the whole court record be made available and that counsel be retained in order to advance your case.

Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Some courts, for example San Diego, issue tentative rulings. The parties can either submit on the tentative or argue at the hearing. The tentative helps the parties to focus their arguments.

On Demurrer, often where the Court sustains, the Court will grant leave to amend.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California courts, a tentative ruling is the court's preliminary decision on a motion before the hearing. It's important to understand that this ruling is not final until the hearing is completed. During the hearing, the parties involved can argue against the tentative ruling, present their case, and the judge has the discretion to change the ruling based on the arguments and evidence presented. Therefore, yes, a tentative order can be changed during the hearing.

When a demurrer is sustained with leave to amend, as in the scenario you described, it means the court has identified issues with the plaintiff's complaint but is allowing the plaintiff an opportunity to correct those issues and refile. This is a common practice in civil litigation to ensure that cases are decided on their merits rather than procedural technicalities.

If the plaintiff chooses to amend their complaint, they must do so within the timeframe specified by the court, which in your case is 20 days. The amended complaint should address the deficiencies identified in the demurrer ruling. After the amended complaint is filed, the defendant has the opportunity to respond, potentially with another demurrer or an answer to the complaint, and the litigation process continues accordingly.

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