DEMURRER
(CCP § 430.40, et seq.)
TENTATIVE RULING:
Plaintiff/Cross-Defendant Zemanek & Mills, APC’s Demurrer to Defendant’s Cross-Complaint is PLACED OFF CALENDAR AS MOOT.
ANALYSIS:
Background
On April 12, 2018, Plaintiff Zemanek & Mills, APC (“Plaintiff”) filed a Complaint for breach of contract and common counts against Defendants Hassen Real Estate Corporation (“HREC”), Hassen Real Estate Partnership (“HREP”), and Ziad Alhassen (“Alhassen”).
On December 5, 2019 Defendants HREC and HREP filed an Answer. Defendant HREP also filed a Cross-Complaint against Plaintiff for breach of fiduciary duty, unjust enrichment, unfair, unlawful, and fraudulent business practices, conversion, and for an accounting.
On February 14, 2020, Plaintiff filed the instant Demurrer to the Cross-Complaint (the “Demurrer”) and Request for Judicial Notice. No opposition has been filed.
On February 26, 2020, Defendant HREP filed a First Amended Cross-Complaint (“FACC”).
Legal Standard
“The primary func
Hearing Date
March 19, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (Limited Jurisdiction)
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DEMURRER
(CCP § 430.40, et seq.)
TENTATIVE RULING:
Plaintiff/Cross-Defendant Zemanek & Mills, APC’s Demurrer to Defendant’s Cross-Complaint is PLACED OFF CALENDAR AS MOOT.
ANALYSIS:
Background
On April 12, 2018, Plaintiff Zemanek & Mills, APC (“Plaintiff”) filed a Complaint for breach of contract and common counts against Defendants Hassen Real Estate Corporation (“HREC”), Hassen Real Estate Partnership (“HREP”), and Ziad Alhassen (“Alhassen”).
On December 5, 2019 Defendants HREC and HREP filed an Answer. Defendant HREP also filed a Cross-Complaint against Plaintiff for breach of fiduciary duty, unjust enrichment, unfair, unlawful, and fraudulent business practices, conversion, and for an accounting.
On February 14, 2020, Plaintiff filed the instant Demurrer to the Cross-Complaint (the “Demurrer”) and Request for Judicial Notice. No opposition has been filed.
On February 26, 2020, Defendant HREP filed a First Amended Cross-Complaint (“FACC”).
Legal Standard
“The primary func