Cross-Complainant's Request for Judicial Notice is granted. The Court notes that the arguments presented by the Cross-Defendants were already made and rejected by the Court in regard to the prior Demurrer, thus the Demurrer to the Fourth Amended Complaint is denied on that basis. However, in addressing again the issues raised by the Cross-Defendants, as well as the additional argument regarding the litigation privilege, the Court finds that such arguments lack merit, the Third Cause of Action for Conversion has been sufficiently plead, and the Demurrer is overruled. As to the Motion to Strike, the Court finds that Cross-Complainant has failed to establish a specifically-pled, factually-based claim for punitive damages and Cross-Defendants' Motion to Strike is granted without leave to amend. Cross-Defendants shall file an Answer to the Fourth Amended Cross-Complaint within ten days' notice of this order.
Hearing Date
August 19, 2020
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Cross-Complainant's Request for Judicial Notice is granted. The Court notes that the arguments presented by the Cross-Defendants were already made and rejected by the Court in regard to the prior Demurrer, thus the Demurrer to the Fourth Amended Complaint is denied on that basis. However, in addressing again the issues raised by the Cross-Defendants, as well as the additional argument regarding the litigation privilege, the Court finds that such arguments lack merit, the Third Cause of Action for Conversion has been sufficiently plead, and the Demurrer is overruled. As to the Motion to Strike, the Court finds that Cross-Complainant has failed to establish a specifically-pled, factually-based claim for punitive damages and Cross-Defendants' Motion to Strike is granted without leave to amend. Cross-Defendants shall file an Answer to the Fourth Amended Cross-Complaint within ten days' notice of this order.