(1) Demurrer to Cross-Complaint (2) CMC
Tentative Ruling: The Demurrer to Cross-Complainant, Lisa Gilford’s Cross-Complaint filed by Cross-Defendants, Adam Pakes (“Pakes”), Summerlin Asset Management, LLC and Summerlin Title Agency, LLC (collectively “cross-defendants”) is SUSTAINED. The first COA (negligence), second COA (fraud), and third COA (unfair business practices) is SUSTAINED, with 14 days’ leave to amend. The fourth COA (intentional infliction of emotional distress) and fifth COA (negligent infliction of emotional distress) is SUSTAINED, without leave to amend.
First COA (Negligence): “A plaintiff in a negligence suit must demonstrate ‘ “a legal duty to use due care, a breach of such legal duty, and the breach as the proximate or legal cause of the resulting injury.” ’ [Citation.]” (Vasilenko v. Grace Family Church (2017) 3 Cal.5th 1077, 1083.)
Cross-defendants contend this cause of action is insufficiently pled because the cross-complaint does not plead facts showing causati