DEMURRER & MOTION TO STRIKE
[CCP §430.10 et. seq.]
Date: 8/16/19
Case: Xiaozhe Cui, et al. v. Kevin Lui, et al. (19 GDCV00201)
TENTATIVE RULING:
The Court has reluctantly considered the demurrer and motion to strike of Defendants Yue Zhang and Caliber Legal, PC, despite the fact they appear to have been untimely filed. The Complaint was served by substituted service with follow up mailing on 4/11/19. Service was therefore deemed completed on 4/21/19, the tenth day after mailing. (See CCP 415.20.) Thus, the demurrer and motion to strike were to be filed by no later than 30 days thereafter, i.e., 5/21/19. The demurrer and motion to strike were not filed and served, however, until 5/31/19.
DEMURRER
Defendant Yue Zhang and Caliber Legal, PC’s Demurrer to Plaintiff’s Complaint is SUSTAINED, in part, and OVERRULED, in part.
Demurrer to the first cause of action for breach of contract is SUSTAINED WITH LEAVE TO AMEND on the ground it is not sufficiently alleged that the moving defenda
Hearing Date
August 16, 2019
Type
Contractual Fraud (General Jurisdiction)
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DEMURRER & MOTION TO STRIKE
[CCP §430.10 et. seq.]
Date: 8/16/19
Case: Xiaozhe Cui, et al. v. Kevin Lui, et al. (19 GDCV00201)
TENTATIVE RULING:
The Court has reluctantly considered the demurrer and motion to strike of Defendants Yue Zhang and Caliber Legal, PC, despite the fact they appear to have been untimely filed. The Complaint was served by substituted service with follow up mailing on 4/11/19. Service was therefore deemed completed on 4/21/19, the tenth day after mailing. (See CCP 415.20.) Thus, the demurrer and motion to strike were to be filed by no later than 30 days thereafter, i.e., 5/21/19. The demurrer and motion to strike were not filed and served, however, until 5/31/19.
DEMURRER
Defendant Yue Zhang and Caliber Legal, PC’s Demurrer to Plaintiff’s Complaint is SUSTAINED, in part, and OVERRULED, in part.
Demurrer to the first cause of action for breach of contract is SUSTAINED WITH LEAVE TO AMEND on the ground it is not sufficiently alleged that the moving defenda