The Demurrer (ROA # 15) of Defendant CHICAGO TITLE INSURANCE COMPANY ("Defendant" or "Chicago") to the Complaint for (1) Breach of Contract and (2) Beach of the Implied Covenant of Good Faith and Fair Dealing of Plaintiff HENRI DORSEY ("Plaintiff" or "Dorsey"), on the grounds that Dorsey's Complaint fails to state facts constituting the First Cause of Action for Breach of Contract and the Second Cause of Action for Beach of the Implied Covenant of Good Faith and Fair Dealing, and is uncertain for failure to state required facts, pursuant to California Code of Civil Procedure section 430.10, subdivisions (e) and (f), is SUSTAINED.
If judicially noticeable facts render an otherwise facially valid Complaint defective, the Complaint is subject to Demurrer. (Evans v. City of Berkeley (2006) 38 Cal. 4th 1, 6.) Additionally, "allegations in the pleading may be disregarded if they are contrary to facts judicially notice." (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal. App. 4th 743, 752.)
Hearing Date
March 27, 2017
Category
Civil - Unlimited
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The Demurrer (ROA # 15) of Defendant CHICAGO TITLE INSURANCE COMPANY ("Defendant" or "Chicago") to the Complaint for (1) Breach of Contract and (2) Beach of the Implied Covenant of Good Faith and Fair Dealing of Plaintiff HENRI DORSEY ("Plaintiff" or "Dorsey"), on the grounds that Dorsey's Complaint fails to state facts constituting the First Cause of Action for Breach of Contract and the Second Cause of Action for Beach of the Implied Covenant of Good Faith and Fair Dealing, and is uncertain for failure to state required facts, pursuant to California Code of Civil Procedure section 430.10, subdivisions (e) and (f), is SUSTAINED.
If judicially noticeable facts render an otherwise facially valid Complaint defective, the Complaint is subject to Demurrer. (Evans v. City of Berkeley (2006) 38 Cal. 4th 1, 6.) Additionally, "allegations in the pleading may be disregarded if they are contrary to facts judicially notice." (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal. App. 4th 743, 752.)