1. Motion to Strike Complaint filed by Defendants Min Jiao and Makena Solutions, LLC 2. Demurrer to Second Amended Complaint filed by Defendants Min Jiao and Makena Solutions, LLC
The court grants defendants Min Jiao (“Min”) and Makena Solutions LLC’s (“Makena”) motion to strike.
The demurrer as to COAs 1-4 and 6 are moot.
The court overrules the demurrer to the 7th COA.
Defendants shall file a responsive pleading within 10 days.
The court grants the parties’ requests for judicial notice. (Evid. Code § 452(d), (h).)
Motion to Strike
The 6/25/20 minute order sustained defendants Min and Makena’s demurrer to the 7th COA with 10 days leave to amend. There was no language permitting an amendment of the rest of the complaint. Plaintiff argues the order was not “restrictive.” However, it is clearly implied from the ruling that leave to amend was limited to the 7th COA since that was the only COA involving Min and Makena as defendants in the FAC.
Plaintiff’s reliance on Ferrano v. Camarlinghi