1.DEMURRER TO AMENDED COMPLAINT
The Court sustains in part, and overrules in part, Defendants’ demurrers to the Second Amended Complaint.
Plaintiff shall file and serve any Third Amended Complaint within the next 15 days.
In light of the history (demurrers + amended pleadings) and the approaching of trial, Plaintiff shall not add new causes of action at this time without leave of Court except on the 1st cause of action only as indicated below.
The Late Filing
Plaintiff’s filing of 5/15 was not considered. The Code authorizes a motion, an opposition, and the moving party’s reply. (See CCP §1005). The motion was fully briefed when the reply was filed on April 13th. The Court continued the hearing thereafter, sua sponte, but did not authorize further briefing (see Min. Order 4/17/17). Therefore, Plaintiff’s additional opposition of 5/15 was not permitted and leave of Court was not obtained to present it. It would be unfair to the Moving Parties to consider it.
1st Cause of Action
The demu
Hearing Date
June 02, 2017
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1.DEMURRER TO AMENDED COMPLAINT
The Court sustains in part, and overrules in part, Defendants’ demurrers to the Second Amended Complaint.
Plaintiff shall file and serve any Third Amended Complaint within the next 15 days.
In light of the history (demurrers + amended pleadings) and the approaching of trial, Plaintiff shall not add new causes of action at this time without leave of Court except on the 1st cause of action only as indicated below.
The Late Filing
Plaintiff’s filing of 5/15 was not considered. The Code authorizes a motion, an opposition, and the moving party’s reply. (See CCP §1005). The motion was fully briefed when the reply was filed on April 13th. The Court continued the hearing thereafter, sua sponte, but did not authorize further briefing (see Min. Order 4/17/17). Therefore, Plaintiff’s additional opposition of 5/15 was not permitted and leave of Court was not obtained to present it. It would be unfair to the Moving Parties to consider it.
1st Cause of Action
The demu