Dept. F-47
Date: 10/1/20
Case #20CHCV00417
DEMURRER & MOTION TO STRIKE
TO THE
FIRST AMENDED COMPLAINT*
Demurrer & Motion to Strike filed on 8/17/20.
MOVING PARTY: Defendants GymCheer USA, Inc., Matthew Walker and Shelly Gramatky-Walker
RESPONDING PARTY: Plaintiff Castaic Village Center, LLC
NOTICE: ok
Demurrer is to the entire First Amended Complaint*:
1. Breach of Contract
2. Breach of Covenant of Good Faith and Fair Dealing
3. Negligent Misrepresentation
4. Declaratory Relief
5. Promissory Fraud
RULING: The demurrer is sustained without leave to amend as to the 3rd and 4th causes of action and overruled as to the 1st, 2nd and 5th causes of action. The motion to strike is denied. Answer is due within 20 days.
*The initial complaint filed by Plaintiff Castaic Village Center, LLC in this action is incorrectly titled as the First Amended Complaint. Since both Defendants GymCheer USA, Inc., Matthew Walker and Shelly Gramatky-Walker and Plaintiff refer to Plaintiff’s initi
Hearing Date
October 01, 2020
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
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Dept. F-47
Date: 10/1/20
Case #20CHCV00417
DEMURRER & MOTION TO STRIKE
TO THE
FIRST AMENDED COMPLAINT*
Demurrer & Motion to Strike filed on 8/17/20.
MOVING PARTY: Defendants GymCheer USA, Inc., Matthew Walker and Shelly Gramatky-Walker
RESPONDING PARTY: Plaintiff Castaic Village Center, LLC
NOTICE: ok
Demurrer is to the entire First Amended Complaint*:
1. Breach of Contract
2. Breach of Covenant of Good Faith and Fair Dealing
3. Negligent Misrepresentation
4. Declaratory Relief
5. Promissory Fraud
RULING: The demurrer is sustained without leave to amend as to the 3rd and 4th causes of action and overruled as to the 1st, 2nd and 5th causes of action. The motion to strike is denied. Answer is due within 20 days.
*The initial complaint filed by Plaintiff Castaic Village Center, LLC in this action is incorrectly titled as the First Amended Complaint. Since both Defendants GymCheer USA, Inc., Matthew Walker and Shelly Gramatky-Walker and Plaintiff refer to Plaintiff’s initi