Fred Christian, Jr., et al. v. John Mitchell Marshall, et al.
(1) DEMURRER TO COMPLAINT; (2) MOTION TO STRIKE PORTIONS OF COMPLAINT
MOVING PARTY: (1) and (2) Defendant John Mitchell Marshall
RESPONDING PARTY(S): (1) Plaintiffs Fred Christian, Jr. and Kevin Christian; (2) No opposition filed.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiffs allege that their mother, who is deceased, had a joint tenancy with Defendant and that Defendant had agreed to grant the property to Plaintiffs upon her death or distribute its proceeds equally between Plaintiffs and their sister.
Defendant demurs to the complaint and moves to strike portions of it.
TENTATIVE RULING:
Defendant John Mitchell Marshall’s demurrer is SUSTAINED without leave to amend as to the second and fifth causes of action.
Defendant’s demurrer is also SUSTAINED as to the first, third, fourth, and sixth causes of action. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of su
Hearing Date
August 23, 2019
Type
Fraud (no contract) (General Jurisdiction)
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Fred Christian, Jr., et al. v. John Mitchell Marshall, et al.
(1) DEMURRER TO COMPLAINT; (2) MOTION TO STRIKE PORTIONS OF COMPLAINT
MOVING PARTY: (1) and (2) Defendant John Mitchell Marshall
RESPONDING PARTY(S): (1) Plaintiffs Fred Christian, Jr. and Kevin Christian; (2) No opposition filed.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiffs allege that their mother, who is deceased, had a joint tenancy with Defendant and that Defendant had agreed to grant the property to Plaintiffs upon her death or distribute its proceeds equally between Plaintiffs and their sister.
Defendant demurs to the complaint and moves to strike portions of it.
TENTATIVE RULING:
Defendant John Mitchell Marshall’s demurrer is SUSTAINED without leave to amend as to the second and fifth causes of action.
Defendant’s demurrer is also SUSTAINED as to the first, third, fourth, and sixth causes of action. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of su