Thomas McShannock et al vs First Federal Bank of California

Case No.: 1339391    

Nature of Proceedings: Demurrer
Demurrer
Ruling

The court sustains the demurrer of defendants First Federal Bank of California and T.D. Service Company, in part. The court sustains the demurrer to the first, third, fourth, fifth, sixth, seventh and eighth causes of action without leave to amend. The court sustains the demurrer to the ninth cause of action with leave to amend on or before January 4, 2010. The court overrules the demurrer to the second and tenth causes of action.

Analysis

The demurrer and the opposition have both been hard to follow because, in many instances, they state issues without tying them to a particular cause of action. The opposition in particular references many allegations without directing the court to where in the 179 paragraph complaint the allegations are made. (Actually, there are more paragraphs than 179 as some numbers are repeated.) Plaintiffs’ complaint and opposition contain many concluso........