Defendants and Cross-Defendants First Team Real Estate – Orange County, Brian D. Wollner, Silvia Wiebach, and Walter Wiebach have demurred generally and specially on the ground of uncertainty to the first and fourth causes of action for fraudulent concealment and breach of contract in the Second Amended Cross-Complaint of Defendants and Cross-Complainants Chad and Tracy Weltzien, individually and as trustees of the Weltzien Waterpark Living Trust dated February 12, 2014.
Responding Cross-Complainants contend that the demurrer to the first cause of action is improper under subdivision (b) of Code Civ. Proc. § 430.41 because moving Cross-Defendants’ demurrer to their first amended cross-complaint did not challenge this cause of action. Subdivision (b) provides: “A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could