1. Demurrer to First Amended Complaint filed by Defendant Chad Church 2. Demurrer to First Amended Complaint filed by Defendant McKenzy Church 3. Motion to Strike Complaint filed by Defendant Chad Church 4. Motion to Strike Complaint filed by Defendant McKenzy Church
MOTION #1:
The general and special demurrers of defendant Chad Church to all four causes of action in the first amended complaint by plaintiff Rancho Madrina Community Association are overruled.
Defendant is to file and serve an answer within 20 days.
Analysis. Defendant demurs generally and specially on the ground of uncertainty to all four causes of action in the FAC.
First cause of action for breach of contract. The first cause of action is for breach of contract and based on the settlement agreement entered between the parties in a prior litigation, a copy of which is attached to the FAC as Exhibit 2.
According to this agreement, the moving defendant was to “use his best efforts to first park the [van] on the driveway
Hearing Date
November 01, 2020
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1. Demurrer to First Amended Complaint filed by Defendant Chad Church 2. Demurrer to First Amended Complaint filed by Defendant McKenzy Church 3. Motion to Strike Complaint filed by Defendant Chad Church 4. Motion to Strike Complaint filed by Defendant McKenzy Church
MOTION #1:
The general and special demurrers of defendant Chad Church to all four causes of action in the first amended complaint by plaintiff Rancho Madrina Community Association are overruled.
Defendant is to file and serve an answer within 20 days.
Analysis. Defendant demurs generally and specially on the ground of uncertainty to all four causes of action in the FAC.
First cause of action for breach of contract. The first cause of action is for breach of contract and based on the settlement agreement entered between the parties in a prior litigation, a copy of which is attached to the FAC as Exhibit 2.
According to this agreement, the moving defendant was to “use his best efforts to first park the [van] on the driveway