The court addresses the evidentiary issues. Defendants American Express Centurion Bank, American Express Travel Related Services Company, Inc. and American Express Bank, FSB's request for judicial notice is granted. The Amex Defendants' evidentiary objections are sustained. The court then rules as follows. Defendants American Express Centurion Bank, American Express Travel Related Services Company, Inc. and American Express Bank, FSB's demurrer to Plaintiff's Second Amended Complaint is sustained.

Preliminarily, the court finds CCP § 430.41 does not apply because the allegations that directly relate to this demurrer have been amended following the court sustaining the Amex Defendants' demurrer to Plaintiff's First Amended Verified Complaint. The Legislative History the Amex Defendants cite states that CCP § 430.41 'would prohibit a demurring party from demurring again to the same cause of action, unless the cause of action itself is amended." [Emphasis added.] Berg & Berg Enterprises,