In the event that oral argument is requested it will be held on
Thursday, October 29, 2020 at 3:30 p.m. in Dept 501
Motion: Demurrer to First Amended Complaint and Motion to strike
Portions of the First Amended Complaint
Tentative Ruling:
To sustain the demurrer. (Code of Civ. Proc., § 430.10, subd. (e).)
To grant the motion to strike. (Code of Civ. Proc., §§ 435, 436.)
To grant leave to amend. Plaintiffs would be granted 10 days’ leave to file a Second Amended Complaint. The time in which such pleading can be amended will run from service by the clerk of the minute order. New allegations in the Second Amended Complaint are to be set in boldface type.
Explanation:
Demurrer
Demurrer, in General
The function of a demurrer is to test the sufficiency of a plaintiff’s pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff’s
Hearing Date
October 23, 2020
Type
06 Unlimited - Breach of Contract/Warranty
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In the event that oral argument is requested it will be held on
Thursday, October 29, 2020 at 3:30 p.m. in Dept 501
Motion: Demurrer to First Amended Complaint and Motion to strike
Portions of the First Amended Complaint
Tentative Ruling:
To sustain the demurrer. (Code of Civ. Proc., § 430.10, subd. (e).)
To grant the motion to strike. (Code of Civ. Proc., §§ 435, 436.)
To grant leave to amend. Plaintiffs would be granted 10 days’ leave to file a Second Amended Complaint. The time in which such pleading can be amended will run from service by the clerk of the minute order. New allegations in the Second Amended Complaint are to be set in boldface type.
Explanation:
Demurrer
Demurrer, in General
The function of a demurrer is to test the sufficiency of a plaintiff’s pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff’s