Nature of Proceedings: Demurrer/Motion Strike First Amend. Comp.
(1) Demurrer of Defendant to First Amended Complaint;

(2) Motion of Defendant to Strike Portions of First Amended Complaint
Ruling:
(1) The demurrer of defendant to the second and third causes of action to the first amended complaint is sustained with leave to amend.

(2) The motion to strike of defendant is granted with leave to amend to strike the last sentences of paragraphs 24 and 25 of the first amended complaint and the prayer for punitive damages for the first cause of action. In all other respects, the motion to strike is denied.

(3) Plaintiffs shall file and serve their second amended complaint on or before January 3, 2012.

Background:

On October 18, 2011, plaintiffs were granted leave to file their first amended complaint, adding to the existing cause of action for professional negligence new causes of action for breach of fiduciary duty and for fraud. Defendant now demurs to and moves to stri