Assemi Brothers, LLC v. Wondeful Pistachios and Almonds, LLC

Motion: By Defendant The Wonderful Company LLC for Demurrer and
Defendant Wonderful Almond Cooperative’s Motion to Strike
Portions of the Second Amended Complaint
Tentative Ruling:
To overrule the demurrer. (Code Civ. Proc., § 430.10.) To deny the motion to strike. (Code Civ. Proc., §§ 435, 436.) Defendants shall serve and file their answer to the second amended complaint within ten (10) days of the date of service of this order. Explanation:
Demurrer: Defendant demurs generally and specially to the twenty-eighth cause of action in the second amended complaint, contending that there are no facts alleged to show that defendant engaged in any unlawful, fraudulent, or unfair conduct, and that the entire cause of action is uncertain because it fails to allege which statutes or laws defendant violated, or how its conduct was fraudulent or unfair.
However, to the extent that defendant contends that there are no facts showing “unlawful” or “frau........

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