Defendants Northern California Orthopedic Centers Medical Group, Inc., Hunter Greene, Robert Cameto, Roy Pottenger, Paul Sasaura, and Anne Banville (collectively "Defendants") demur to the Second Amended Complaint ("SAC") of Plaintiff Brian A. McDowell ("Plaintiff"). The Court now rules as follows:
Plaintiff's Request for Judicial Notice is GRANTED.
Plaintiff's objections to the Greene Declaration and the Hagopian Declaration are SUSTAINED. Plaintiff's other objections to evidence are OVERRULED.
The demurrer to the former Fourth Cause of Action for Interference with Prospective Economic Advantage is OVERRULED as moot. Although Defendants are correct that Plaintiff lacked the authority to reassert this cause of action in the SAC, Plaintiff has effectively withdrawn it by filing his dismissal thereof. Notwithstanding Plaintiff's purported dismissal of the fourth cause of action "without prejudice," this Court's order of January 18, 2011, definitively foreclosed the viability of such a
Hearing Date
July 05, 2011
Category
Civil - Unlimited
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Defendants Northern California Orthopedic Centers Medical Group, Inc., Hunter Greene, Robert Cameto, Roy Pottenger, Paul Sasaura, and Anne Banville (collectively "Defendants") demur to the Second Amended Complaint ("SAC") of Plaintiff Brian A. McDowell ("Plaintiff"). The Court now rules as follows:
Plaintiff's Request for Judicial Notice is GRANTED.
Plaintiff's objections to the Greene Declaration and the Hagopian Declaration are SUSTAINED. Plaintiff's other objections to evidence are OVERRULED.
The demurrer to the former Fourth Cause of Action for Interference with Prospective Economic Advantage is OVERRULED as moot. Although Defendants are correct that Plaintiff lacked the authority to reassert this cause of action in the SAC, Plaintiff has effectively withdrawn it by filing his dismissal thereof. Notwithstanding Plaintiff's purported dismissal of the fourth cause of action "without prejudice," this Court's order of January 18, 2011, definitively foreclosed the viability of such a