BARRY vs BACKSTROM-JONES, et al.

23CV031480: BARRY vs BACKSTROM-JONES, et al. 08/27/2026 Hearing on Demurrer Notice of Demurrer and Demurrer by Defendant Michael M. Sims to Plaintiff's Third Amended Complaint; Memorandum of Points and Authorities in Support; filed by Michael M Sims (Defendant) CRS# 642030969743 in Department 512

Tentative Ruling - 08/18/2026 Elizabeth Riles

The Demurrer filed by Michael M Sims on 05/07/2026 is Sustained without Leave to Amend.

Defendant Michael Sims’ (“Defendant”) unopposed Demurrer to Freddy Castillo Barry’s (“Plaintiff”) Third Amended Complaint (“TAC”) is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant’s Demurrer to the plaintiff Freddy Castillo Barry’s (“Plaintiff”) First Amended Complaint was sustained in its entirety, and Plaintiff was granted leave to amend only as to his fraud cause of action against Defendant. Plaintiff filed his Third Amended Complaint (“TAC”) on 10/16/2025. Although Defendant had previously made a general appearance in the action by filing at least one Demurrer, Plaintiff elected to serve the TAC on Defendant as if it were an initial pleading and filed a proof of service purporting to serve Defendant by substitute service completed as of 11/1/2025 (ten days after completion of substitute service by mailing of process on 10/22/2025). Thus, Defendant’s Demurrer was due on 12/1/2025. However, Defendant did not file this Demurrer until 5/7/2026.

The Court elects to consider the Demurrer because Plaintiff has not sought to take Defendant’s default as of 5/7/2026.

The TAC contains no facts, let alone particularized facts, to support a fraud-based cause of action under any legal theory. Defendant Donna Backstrom-Jones (“Jones”) Demurred to the TAC on this grounds. At the hearing on Jones’ demurrer to the TAC conducted on 3/5/2026, Plaintiff appeared and stated that he would file and serve a “Fraud Attachment” to the TAC, which Fraud Attachment is referenced in but not attached to the TAC. The Court’s 3/5/2026 Order continued the hearing on Jones’ Demurrer to 4/9/2026 and authorized Plaintiff to file and serve the Fraud Attachment no later than 3/23/2026.

However, as of 4/9/2026, Plaintiff had not filed or served a copy of the Fraud Attachment on defendants, and the Court granted Jones’ Demurrer to the TAC without leave to amend.

As of 8/13/2026, there is no record that Plaintiff has subsequently filed or served a Fraud Attachment to the TAC on Defendant.

Wherefore, the Court SUSTAINS Defendant’s Demurrer to the TAC WITHOUT LEAVE TO AMEND.

Under no circumstances will Plaintiff be afforded a further opportunity to amend or supplement 23CV031480: BARRY vs BACKSTROM-JONES, et al. 08/27/2026 Hearing on Demurrer Notice of Demurrer and Demurrer by Defendant Michael M. Sims to Plaintiff's Third Amended Complaint; Memorandum of Points and Authorities in Support; filed by Michael M Sims (Defendant) CRS# 642030969743 in Department 512 his pleading as he was afforded a final opportunity to do so no later than 3/23/2026 pursuant to this Court’s 3/5/2026 Order, and Plaintiff has not complied with the Court’s 3/23/2026 Order as of 8/13/2026.

CONTESTING TENTATIVE RULINGS

PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.

Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date.

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