Kaila Vazquez vs. Noe Samuel Sibrian-Nerazo

34-2021-00309367-CU-PA-GDS: Kaila Vazquez vs. Noe Samuel Sibrian-Nerazo 04/26/2024 Hearing on Demurrer in Department 53

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

Defendant City of Citrus Heights’ (“Defendant”) Demurrer to Plaintiff Kaila Vazquez’s (“Plaintiff”) Complaint is SUSTAINED with leave to amend.

This is an action for personal injuries arising from a motor vehicle accident that allegedly occurred in October 2020. Defendant now demurs to the complaint and each cause of action therein on various grounds.

Plaintiff filed an opposition on April 15, 2023. However, the opposition concedes each of the issues raised in the demurrer. The Court treats this as a non-opposition to the demurrer.

The demurrer is sustained. The Court construes Plaintiff’s failure to oppose the demurrer as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].) Nonetheless, as this is the first demurrer to the complaint and as Plaintiff has explained how she believes she can amend her complaint to rectify the defects, the Court grants Plaintiff leave to amend.

Plaintiff may file and serve an amended complaint no later than May 6, 2024. Although not required by statute or court rule, Plaintiff is directed to present the clerk a copy of this ruling at the time of filing the First Amended Complaint. Defendant may file and serve a response within 30 days of service of the First Amended Complaint, 35 days if

34-2021-00309367-CU-PA-GDS: Kaila Vazquez vs. Noe Samuel Sibrian-Nerazo 04/26/2024 Hearing on Demurrer in Department 53

served by mail.

The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.