SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

LOS ANGELES BY-PRODUCTS CO., etc., Plaintiff, vs. CALMAT CO., et al., Defendants.

AND RELATED CROSS-ACTION

CASE NO.: 19STCV24824

[TENTATIVE] ORDER RE: DEMURRER TO FIRST AMENDED CROSS-COMPLAINT; MOTION TO STRIKE

Date: August 5, 2020

Time: 8:30 a.m.

Dept. 56

IDC: August 5, 2020

MOVING PARTY: Plaintiff and Cross-Defendant Los Angeles By-Products Co. (“Plaintiff”)

RESPONDING PARTY: Defendant and Cross-Complainant CalMat Co. (“Defendant”)

The Court has considered the moving, opposition, and reply papers.

BACKGROUND

Plaintiff filed a complaint arising from an alleged breach of a settlement agreement (the “1978 Settlement Agreement”). Plaintiff’s complaint against Defendants alleges causes of action for: (1) breach of the 1978 Settlement Agreement; (2) breach of the Indemnity Administration Agreement; and (3) declaratory relief.

Pertinent Allegations of the Complaint

In part, the complai