KPC GLOBAL MEDICAL
DEMURRER ON 1ST AMENDED
CVSW2208005 CENTERS, INC VS COMPLAINT
SODEXO AMERICA, LLC
Tentative Ruling:
The Demurrer is OVERRULED as to the 2COA. For purposes of pleading the court relies
on Switzer v. Wood (2019) 35 Cal.App.5th 116, 128-130.
The Demurrer is SUSTAINED as to the 4COA with Leave to Amend of 10 days. This
cause of action is based on statements made during conversations “between the parties’
principals prior to that same payment schedule . . .” (First Amended Cross-Complaint,
38.) These statements appear to have consisted of promises made that they would pay
for Sodexo’s good and services. (Id.) These allegations do not identify who made the
statements at issue and how they were made. Additionally, the factual allegations to
support fraud are made on information and belief. Fraud claims cannot be based on
information and belief unless facts upon which the belief is founded on are also stated in
the pleading. Carney
Hearing Date
October 19, 2023
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KPC GLOBAL MEDICAL
DEMURRER ON 1ST AMENDED
CVSW2208005 CENTERS, INC VS COMPLAINT
SODEXO AMERICA, LLC
Tentative Ruling:
The Demurrer is OVERRULED as to the 2COA. For purposes of pleading the court relies
on Switzer v. Wood (2019) 35 Cal.App.5th 116, 128-130.
The Demurrer is SUSTAINED as to the 4COA with Leave to Amend of 10 days. This
cause of action is based on statements made during conversations “between the parties’
principals prior to that same payment schedule . . .” (First Amended Cross-Complaint,
38.) These statements appear to have consisted of promises made that they would pay
for Sodexo’s good and services. (Id.) These allegations do not identify who made the
statements at issue and how they were made. Additionally, the factual allegations to
support fraud are made on information and belief. Fraud claims cannot be based on
information and belief unless facts upon which the belief is founded on are also stated in
the pleading. Carney