Motion: Plaintiff/Cross-Defendants’ Demurrer and Motion to Strike
Portions of Cross-Complaint, and Request for Sanctions
Against Cross-Complainants and their Attorney
Tentative Ruling:
To sustain the demurrer to the entire cross-complaint, with leave to amend, for failure to state facts sufficient to state a claim and uncertainty. (Code Civ. Proc. § 430.10, subd. (e), (f).)
To grant the motion to strike the allegations and prayer regarding punitive damages from the cross-complaint. (Code Civ. Proc. §§ 435, 436.) To grant the motion to strike the conspiracy claim against plaintiff’s counsel and her law firm, for failure to comply with Civil Code section 1714.10 before filing the claim. To grant leave to amend.
To deny both parties’ requests for sanctions against each other. (Code Civ. Proc. §§ 128.5, 128.7.)
Cross-complainants shall file and serve their first amended cross-complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. However, w
Hearing Date
August 26, 2019
Type
06 Unlimited - Breach of Contract/Warranty
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Motion: Plaintiff/Cross-Defendants’ Demurrer and Motion to Strike
Portions of Cross-Complaint, and Request for Sanctions
Against Cross-Complainants and their Attorney
Tentative Ruling:
To sustain the demurrer to the entire cross-complaint, with leave to amend, for failure to state facts sufficient to state a claim and uncertainty. (Code Civ. Proc. § 430.10, subd. (e), (f).)
To grant the motion to strike the allegations and prayer regarding punitive damages from the cross-complaint. (Code Civ. Proc. §§ 435, 436.) To grant the motion to strike the conspiracy claim against plaintiff’s counsel and her law firm, for failure to comply with Civil Code section 1714.10 before filing the claim. To grant leave to amend.
To deny both parties’ requests for sanctions against each other. (Code Civ. Proc. §§ 128.5, 128.7.)
Cross-complainants shall file and serve their first amended cross-complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. However, w