The demurrer to the first amended cross-complaint ("FAXC"), filed by cross-defendants Law Offices of Benjamin Pavone P.C. ("Pavone Law Offices") and Benjamin Pavone, is sustained without leave to amend the 1st cause of action. The Court declines to rule on the demurrer to the 2nd cause of action. Cross-defendants have 20 days to file an answer.
Preliminary Matters
Cross-defendants' request for judicial notice is granted. With respect to Exhibits 4-7, in ruling on a demurrer a court may take judicial notice of the pleading party's discovery responses. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604-605. Cross-defendants' objections to Exhibits 2 and 4 are sustained.
Background
Pavone Law Offices filed suit against Dr. Jaganath Glassman and Jaga Glassman for failing to pay for legal work performed in negotiating a reduction in the amount of attorney fees sought by the Glassmans's former counsel to settle their minor son's personal injury action. The fir
Hearing Date
November 02, 2017
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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The demurrer to the first amended cross-complaint ("FAXC"), filed by cross-defendants Law Offices of Benjamin Pavone P.C. ("Pavone Law Offices") and Benjamin Pavone, is sustained without leave to amend the 1st cause of action. The Court declines to rule on the demurrer to the 2nd cause of action. Cross-defendants have 20 days to file an answer.
Preliminary Matters
Cross-defendants' request for judicial notice is granted. With respect to Exhibits 4-7, in ruling on a demurrer a court may take judicial notice of the pleading party's discovery responses. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604-605. Cross-defendants' objections to Exhibits 2 and 4 are sustained.
Background
Pavone Law Offices filed suit against Dr. Jaganath Glassman and Jaga Glassman for failing to pay for legal work performed in negotiating a reduction in the amount of attorney fees sought by the Glassmans's former counsel to settle their minor son's personal injury action. The fir