Case Number:
22CHCV00565
Hearing Date:
January 4, 2023
Dept:
F51
Dept. F-51

Date: 1/4/23

Case #22CHCV00565

DEMURRER

Demurrer Filed: 9/6/22

MOVING PARTY: Defendant MAJCO LLC, dba Big Brand Tire & Service (erroneously sued as Big Brand Tire and Service Company, Inc.) (Moving Defendant)

RESPONDING PARTY: Plaintiff Datalink, Inc., a California corporation (Plaintiff)

NOTICE: OK

RELIEF REQUESTED: Moving Defendant demurs to the first, third, and fourth causes of action in Plaintiffs complaint.

TENTATIVE RULING: The demurrer is sustained with 20 days leave to amend.

BACKGROUND

This action arises out of the alleged breach of two contracts entered into between Plaintiff and Defendants, wherein Plaintiff was to provide computer networking services to Moving Defendant, with the assistance of non-moving defendant Cabling Solutions Group, LLC (CSG) as its subcontractor. (Compl. ¶ 8.) Plaintiff alleges that Defendants thereafter directly contracted with one anoth