Demurrer to Second Amended Cross-Complaint (SAXC)
Tentative Ruling: The Demurrer filed by Cross-Defendants William Young and Jennifer Young (the “Youngs”) as to the First Cause Action for Fraudulent Concealment-Conspiracy and Third Cause of Action for Violation of Business and Professions Code section 17200 of Cross-Complainant, Sean Parry’s Second Amended Cross-Complaint (“SAXC”) is SUSTAINED, without leave to amend as follows.
First COA (Fraudulent Concealment-Conspiracy): The Youngs correctly raise the point that the SAXC asserts a new theory of liability for fraudulent concealment-conspiracy. Per the Court’s 1-19-2021 Minute Order, the Court “sustained with 20 days, final leave to amend” a prior demurrer to the First Amended Cross-Complaint of Sean Parry. (See ROA 165.) The prior demurrer to the First Amended Cross-Complaint involved two causes of action for Declaratory Relief and Violation of Business and Professions Code section 17200, and sustained the demurrer to that pleading,
Hearing Date
July 30, 2021
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Demurrer to Second Amended Cross-Complaint (SAXC)
Tentative Ruling: The Demurrer filed by Cross-Defendants William Young and Jennifer Young (the “Youngs”) as to the First Cause Action for Fraudulent Concealment-Conspiracy and Third Cause of Action for Violation of Business and Professions Code section 17200 of Cross-Complainant, Sean Parry’s Second Amended Cross-Complaint (“SAXC”) is SUSTAINED, without leave to amend as follows.
First COA (Fraudulent Concealment-Conspiracy): The Youngs correctly raise the point that the SAXC asserts a new theory of liability for fraudulent concealment-conspiracy. Per the Court’s 1-19-2021 Minute Order, the Court “sustained with 20 days, final leave to amend” a prior demurrer to the First Amended Cross-Complaint of Sean Parry. (See ROA 165.) The prior demurrer to the First Amended Cross-Complaint involved two causes of action for Declaratory Relief and Violation of Business and Professions Code section 17200, and sustained the demurrer to that pleading,