Motion: Richard Best Transfer, Inc.’s Demurrer to Answer of Archer Daniels Midland Company
Tentative Ruling:
To overrule the demurrer to the first affirmative defense; to sustain the demurrers to the second, third, fifth through seventh, tenth, twelfth, fourteenth through eighteenth, twenty-first, twenty-third through twenty-sixth, twenty-eighth, and thirtieth through thirty- second affirmative defenses, with leave to amend; to sustain the demurrers to the twenty-second, thirty-third and thirty-fourth affirmative defenses without leave to amend. An amended answer shall be filed and served no later than 10 days after service of the minute order.
Explanation:
Note, the court has considered the opposition. Further failure to comply with Code of Civil Procedure section 1005, subdivision (c) will result in papers not being considered.
Generally speaking, the determination whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint
Hearing Date
September 10, 2018
Type
16 Unlimited - Fraud
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Motion: Richard Best Transfer, Inc.’s Demurrer to Answer of Archer Daniels Midland Company
Tentative Ruling:
To overrule the demurrer to the first affirmative defense; to sustain the demurrers to the second, third, fifth through seventh, tenth, twelfth, fourteenth through eighteenth, twenty-first, twenty-third through twenty-sixth, twenty-eighth, and thirtieth through thirty- second affirmative defenses, with leave to amend; to sustain the demurrers to the twenty-second, thirty-third and thirty-fourth affirmative defenses without leave to amend. An amended answer shall be filed and served no later than 10 days after service of the minute order.
Explanation:
Note, the court has considered the opposition. Further failure to comply with Code of Civil Procedure section 1005, subdivision (c) will result in papers not being considered.
Generally speaking, the determination whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint