Motion: Cross-Defendant Lenden Webb and Webb Law Group’s Demurrer
to Cross-Complaint
Tentative Ruling:
To Overrule all demurrers on behalf of Cross-Defendant Attorney Webb, except that directed at cause of action seven. Plaintiff is granted ten days leave to amend cause of action seven only. (Cal. Rules of Court, rule 3.1320, subd. (g).) The time in which an amendment may be filed will run from service by the clerk of the minute order. All amendments must be in bold type-face.
To Sustain all demurrers on behalf of Cross-Defendant Webb Law Group, no leave to amend is granted.
Explanation:
Civil Conspiracy
The elements of a civil conspiracy are (1) formation and operation of the conspiracy, (2) damage resulting to plaintiff, and (3) from an act done in furtherance of the common design. (I-CA Enterprises, Inc. v. Palram Americas, Inc. (2015) 235 Cal.App.4th 257, fn.2; Prakashpalan v. Engstrom, Lipscomb and Lack (2014) 223 Cal.App.4th 1105, 1136.) But the essence of a civil conspiracy clai
Hearing Date
December 04, 2017
Type
26 Unlimited - Other Real Property
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Motion: Cross-Defendant Lenden Webb and Webb Law Group’s Demurrer
to Cross-Complaint
Tentative Ruling:
To Overrule all demurrers on behalf of Cross-Defendant Attorney Webb, except that directed at cause of action seven. Plaintiff is granted ten days leave to amend cause of action seven only. (Cal. Rules of Court, rule 3.1320, subd. (g).) The time in which an amendment may be filed will run from service by the clerk of the minute order. All amendments must be in bold type-face.
To Sustain all demurrers on behalf of Cross-Defendant Webb Law Group, no leave to amend is granted.
Explanation:
Civil Conspiracy
The elements of a civil conspiracy are (1) formation and operation of the conspiracy, (2) damage resulting to plaintiff, and (3) from an act done in furtherance of the common design. (I-CA Enterprises, Inc. v. Palram Americas, Inc. (2015) 235 Cal.App.4th 257, fn.2; Prakashpalan v. Engstrom, Lipscomb and Lack (2014) 223 Cal.App.4th 1105, 1136.) But the essence of a civil conspiracy clai