1) Demurrer to Answer
2) Case Management Conference – parties to appear
The Demurrer by Defendant/Cross-Complainant Park Aliso Commercial Center, Ltd. (“Cross-Complainant”) to the Answer to the Cross-Complaint filed by Plaintiff/Cross-Defendant Fitness International, LLC (“Cross-Defendant”), is sustained in part, with 15 days leave to amend, and overruled in part.
Cross-Complainant demurs to 38 out of the 39 “affirmative defenses” asserted in Cross-Defendant’s Answer to the Cross-Complaint. The Demurrer is OVERRULED as to the 1st, 6th-8th, 13th, 16th-18th, 21st-23rd, 27th-32nd, and 38th affirmative defenses. The remainder of the Demurrer is SUSTAINED with 15 days leave to amend.
The Code provides only three grounds for a demurrer to an answer: (1) failure to state facts sufficient to constitute a defense; (2) uncertainty; and (3) failure to state whether a contract alleged in an answer is written or oral. Code Civ. Proc., § 430.20. Although demurrers to an answer are “very rare,” they
Hearing Date
September 13, 2021
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1) Demurrer to Answer
2) Case Management Conference – parties to appear
The Demurrer by Defendant/Cross-Complainant Park Aliso Commercial Center, Ltd. (“Cross-Complainant”) to the Answer to the Cross-Complaint filed by Plaintiff/Cross-Defendant Fitness International, LLC (“Cross-Defendant”), is sustained in part, with 15 days leave to amend, and overruled in part.
Cross-Complainant demurs to 38 out of the 39 “affirmative defenses” asserted in Cross-Defendant’s Answer to the Cross-Complaint. The Demurrer is OVERRULED as to the 1st, 6th-8th, 13th, 16th-18th, 21st-23rd, 27th-32nd, and 38th affirmative defenses. The remainder of the Demurrer is SUSTAINED with 15 days leave to amend.
The Code provides only three grounds for a demurrer to an answer: (1) failure to state facts sufficient to constitute a defense; (2) uncertainty; and (3) failure to state whether a contract alleged in an answer is written or oral. Code Civ. Proc., § 430.20. Although demurrers to an answer are “very rare,” they