KLA BPL PORTFOLIO OWNER, LLC, Plaintiff, vs. NF PLANT ENTERPRISES, LP; et. al. Defendants.

CASE NO: 20VECV00733

[TENTATIVE] ORDER RE:

NF PLANT’S DEMURRER TO FIRST AMENDED COMPLAINT

ROSS’ DEMURRER TO FIRST AMENDED COMPLAINT

Dept. T

8:30 a.m.

November 16, 2020

[TENTATIVE] ORDER: Both Demurrers to the First Amended Complaint are OVERRULED. Defendant Ross Stores, Inc.’s request for judicial notice is GRANTED but not as to any hearsay nor to any facts in dispute. Plaintiff KLA BPL Portfolio Owner, LLC’s request for judicial notice is GRANTED but not as to any hearsay nor to any facts in dispute. NFP and Ross to answer the First Amended Complaint within 20 days.

INTRODUCTION

Defendants’ NF Plant Enterprises, LP (“NFP”) and Ross Stores Inc. (“Ross”) (collectively “Defendants”) filed separate demurrers to the First Amended Complaint (“FAC.”) Both demurrers place into issue the second cause of action (“COA”) for tortious interference with contractual relations (“Interference.”)

DISCU