TENTATIVE RULING
Defendants Ian S. Patton, M.F. Property Management, and Mike Froelich’s Demurrer to Plaintiff, Nina Marie Johnson’s, Complaint is SUSTAINED, without leave to amend, as to the second cause of action, and SUSTAINED, with twenty (20) days leave to amend, as to the third cause of action.
Defendants Ian S. Patton, M.F. Property Management, and Mike Froelich’s Motion to Strike Portions of Plaintiff, Nina Marie Johnson’s, Complaint is GRANTED, with twenty (20) days leave to amend.
Plaintiff may amend his or her complaint only as authorized by the court’s order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)
Defendants Ian S. Patton, M.F. Property Management, and Mike Froelich to give notice.
REASONING
“[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurre
Hearing Date
July 24, 2020
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
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TENTATIVE RULING
Defendants Ian S. Patton, M.F. Property Management, and Mike Froelich’s Demurrer to Plaintiff, Nina Marie Johnson’s, Complaint is SUSTAINED, without leave to amend, as to the second cause of action, and SUSTAINED, with twenty (20) days leave to amend, as to the third cause of action.
Defendants Ian S. Patton, M.F. Property Management, and Mike Froelich’s Motion to Strike Portions of Plaintiff, Nina Marie Johnson’s, Complaint is GRANTED, with twenty (20) days leave to amend.
Plaintiff may amend his or her complaint only as authorized by the court’s order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.)
Defendants Ian S. Patton, M.F. Property Management, and Mike Froelich to give notice.
REASONING
“[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurre