Demurrer to Amended Complaint
The Court rules as follows on the demurrer by Defendant Metaformula International, Corp., erroneously sued as Metaformula International, Inc. (“Defendant”), to the First Amended Complaint (“FAC”) by Plaintiff GMP Laboratories of America, Inc. (“Plaintiff”):
The demurrers to the first, second and third causes of action are stricken on the ground that they are not in conformance with CCP Section 430.31(b); in any event, they are overruled on the merits. The demurrer to the fourth cause of action is sustained with 15 days leave to amend. The demurrers to the fifth through tenth causes of action are sustained. The Court is inclined to sustain these demurrers without leave to amend, unless Plaintiff can demonstrate at the hearing that amendment would not be futile, i.e., by articulating specific facts that it can allege to cure the defects noted below.
1st COA for Breach of Contract and 2nd COA for Breach of the Implied Covenant – Stricken/Overruled
The Court s
Hearing Date
June 29, 2020
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Demurrer to Amended Complaint
The Court rules as follows on the demurrer by Defendant Metaformula International, Corp., erroneously sued as Metaformula International, Inc. (“Defendant”), to the First Amended Complaint (“FAC”) by Plaintiff GMP Laboratories of America, Inc. (“Plaintiff”):
The demurrers to the first, second and third causes of action are stricken on the ground that they are not in conformance with CCP Section 430.31(b); in any event, they are overruled on the merits. The demurrer to the fourth cause of action is sustained with 15 days leave to amend. The demurrers to the fifth through tenth causes of action are sustained. The Court is inclined to sustain these demurrers without leave to amend, unless Plaintiff can demonstrate at the hearing that amendment would not be futile, i.e., by articulating specific facts that it can allege to cure the defects noted below.
1st COA for Breach of Contract and 2nd COA for Breach of the Implied Covenant – Stricken/Overruled
The Court s