Defendant’s (Ascentium Capital LLC) Demurrer to the First Amended Complaint (FAC) is SUSTAINED as to the second through fifth causes of action, with 14 days leave to amend upon receipt of notice of this order. The court sustains the Demurrer based on uncertainty and failure to state sufficient facts to constitute a cause of action as to the first through fifth causes of action. The Demurrer is MOOT as to the first cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing because Plaintiff agrees to dismiss this cause of action. (Opposition, p. 3:26-27.)
In reading the factual allegations set forth in FAC ¶¶ 12-25, it is unclear as to whether there was one or two contracts (FAC ¶ 17) and the number of systems that were the subject of the alleged agreement or agreements (FAC ¶¶ 10, 12, 20-21, and Exhibit A attached to the FAC). Further, Exhibit A attached to the FAC appears to be incomplete. Exhibit A refers to “Schedule A,” but “Schedule A” is not attached to Exh
Hearing Date
June 13, 2017
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Defendant’s (Ascentium Capital LLC) Demurrer to the First Amended Complaint (FAC) is SUSTAINED as to the second through fifth causes of action, with 14 days leave to amend upon receipt of notice of this order. The court sustains the Demurrer based on uncertainty and failure to state sufficient facts to constitute a cause of action as to the first through fifth causes of action. The Demurrer is MOOT as to the first cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing because Plaintiff agrees to dismiss this cause of action. (Opposition, p. 3:26-27.)
In reading the factual allegations set forth in FAC ¶¶ 12-25, it is unclear as to whether there was one or two contracts (FAC ¶ 17) and the number of systems that were the subject of the alleged agreement or agreements (FAC ¶¶ 10, 12, 20-21, and Exhibit A attached to the FAC). Further, Exhibit A attached to the FAC appears to be incomplete. Exhibit A refers to “Schedule A,” but “Schedule A” is not attached to Exh