Defendants Josh Weinberg and PHW Holdings B.A.H., LLC’s Demurrers to the First Amended Complaint are SUSTAINED as to the Fourth Cause of Action, with leave to amend, and OVERRULED as to the Second and Fifth Causes of Action.
Defendants Josh Weinberg and PHW Holdings B.A.H., LLC’s Motions to Strike Portions of the First Amended Complaint are DENIED.
I. DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context
Hearing Date
July 31, 2019
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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Defendants Josh Weinberg and PHW Holdings B.A.H., LLC’s Demurrers to the First Amended Complaint are SUSTAINED as to the Fourth Cause of Action, with leave to amend, and OVERRULED as to the Second and Fifth Causes of Action.
Defendants Josh Weinberg and PHW Holdings B.A.H., LLC’s Motions to Strike Portions of the First Amended Complaint are DENIED.
I. DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context