Nature of Proceedings: Demurrer
The court overrules cross-defendant Maveridge International, BV’s demurrer to the first (breach of contract) and third (breach of the implied covenant of good faith and fair dealing) causes of action in cross-complainant B&H Flowers, Inc.’s first amended cross-complaint. The court sustains cross-defendant Maveridge International, BV’s demurrer to the 17th (negligence) cause of action in cross-complainant B&H Flowers, Inc.’s first amended cross-complaint with leave to amend (twenty days) for the limited purposes addressed below.

In its complaint for breach of contract and declaratory relief, plaintiff Maveridge International, BV, organized under the laws of The Netherlands, alleges that it entered into a Payment Agreement with defendant B&H Flowers, Inc., under which B&H would pay Maveridge for flower bulbs shipped to B&H. B&H’s obligation to pay for the flower bulbs was secured by a deed of trust on real property owned by defendants Hans Brand