1. Demurrer to Second Amended Complaint 2. Motion to Strike Portions of S.A.C. 3. Joinder 4. Joinder
Moving Party: Defendants Alvin Roy Brown and Timothy Smith Responding Party: Plaintiff Martha Torres
Ruling: Defendants Alvin Roy Brown and Timothy Smith’s demurrer to the Second Amended Complaint is SUSTAINED as to the third and fourth causes of action and OVERRULED as to the first and second causes of action. Plaintiff shall have 15 days leave to amend.
First Cause of Action for Fraudulent Concealment. Defendants’ demurrer to the first cause of action is overruled. The SAC states facts sufficient to constitute a cause of action for fraudulent concealment. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748 [elements of fraudulent concealment]; SAC, ¶¶ 72, 76, 78-79, 82, 84, 86-87, 90. 95, 97-98, 101, 104, 106-107, 110, 113, 115-116, 119.)
Second Cause of Action for Fraudulent Misrepresentation. Defendants’ demurrer to the second cause of action is overruled. The SAC states facts sufficient
Hearing Date
December 17, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
1. Demurrer to Second Amended Complaint 2. Motion to Strike Portions of S.A.C. 3. Joinder 4. Joinder
Moving Party: Defendants Alvin Roy Brown and Timothy Smith Responding Party: Plaintiff Martha Torres
Ruling: Defendants Alvin Roy Brown and Timothy Smith’s demurrer to the Second Amended Complaint is SUSTAINED as to the third and fourth causes of action and OVERRULED as to the first and second causes of action. Plaintiff shall have 15 days leave to amend.
First Cause of Action for Fraudulent Concealment. Defendants’ demurrer to the first cause of action is overruled. The SAC states facts sufficient to constitute a cause of action for fraudulent concealment. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748 [elements of fraudulent concealment]; SAC, ¶¶ 72, 76, 78-79, 82, 84, 86-87, 90. 95, 97-98, 101, 104, 106-107, 110, 113, 115-116, 119.)
Second Cause of Action for Fraudulent Misrepresentation. Defendants’ demurrer to the second cause of action is overruled. The SAC states facts sufficient