(1) Demurrer to Cross-Complaint (2) Motion to Strike Portions of Cross-Complaint (3) CMC
Tentative Ruling: (1) Plaintiff/Cross-Defendant Richard R. Therrien’s demurrer to the first and fifth COAs action is OVERRULED; the demurrer to the second, third, fourth, sixth, and seventh COAs is SUSTAINED.
(2) Plaintiff/Cross-Defendant Richard R. Therrien’s motion to strike is GRANTED.
The Court declines to take judicial notice of Register of Actions of Bosch v. Cost Consulting, Orange County Superior Court Case No. 30-2012-00563435, on the ground that it is not relevant for the purposes of the demurrer.
(1) Demurrer:
Demurrer based on Uncertainty: The Cross-Complaint herein is not so uncertain that Cross-Defendant cannot reasonably respond. Uncertainties, if any, can be resolved through discovery. Thus, the demurrer based on uncertainty is overruled.
First COA (Professional Malpractice): The Cross-Complaint adequately alleges facts to support a cause of action for professional negligence. (See
Hearing Date
April 10, 2018
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(1) Demurrer to Cross-Complaint (2) Motion to Strike Portions of Cross-Complaint (3) CMC
Tentative Ruling: (1) Plaintiff/Cross-Defendant Richard R. Therrien’s demurrer to the first and fifth COAs action is OVERRULED; the demurrer to the second, third, fourth, sixth, and seventh COAs is SUSTAINED.
(2) Plaintiff/Cross-Defendant Richard R. Therrien’s motion to strike is GRANTED.
The Court declines to take judicial notice of Register of Actions of Bosch v. Cost Consulting, Orange County Superior Court Case No. 30-2012-00563435, on the ground that it is not relevant for the purposes of the demurrer.
(1) Demurrer:
Demurrer based on Uncertainty: The Cross-Complaint herein is not so uncertain that Cross-Defendant cannot reasonably respond. Uncertainties, if any, can be resolved through discovery. Thus, the demurrer based on uncertainty is overruled.
First COA (Professional Malpractice): The Cross-Complaint adequately alleges facts to support a cause of action for professional negligence. (See