Gross v. Gross

Superior Court of the State of California County of Orange TENTATIVE RULINGS FOR C61 HON. JENNIFER M. MCCARTNEY

Date: 08/05/2026 Courtroom Rules and Notices

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# Case Name Tentative 1 30-2026-01581477 The Court has read and considered the Defendant’s Demurrer to the Gross v. Gross Complaint (ROA 25), Request for Judicial Notice (ROA 23), Plaintiff’s Opposition to Defendant’s Demurrer (ROA 32) and Plaintiff’s Declaration in Support (ROA 34).

The Court GRANTS the request for Judicial Notice made by the Defendant.

“A demurrer tests the pleading alone, and not the evidence or the facts alleged. Thus, a demurrer will be sustained only where the pleading is defective on its face.” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) The Court may take Judicial Notice in review of a demurrer. The Grant Deed in this matter clearly shows that the subject property is owned by “Sally Warpinski, and her successors, as Trustee of the Lion King Family Trust dated December 21, 2017” (Exhibit C). Plaintiff requests that the Court consider the Declaration of Sue Gross in this demurrer proceeding, which is improper as the Court is not allowed to consider extrinsic evidence as cited in the Plaintiff’s own moving papers (page 4 of the Opposition, lines 13-15).