DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT by defendants Hasenin Enterprises LLC dba Star Carpet & Flooring and American Contractors Indemnity Company is SUSTAINED in part and OVERRULED in part.
The Demurrer for uncertainty is overruled. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616; The Rutter Group, Civil Procedure Before Trial § 7:85)
The Demurrer to the 2nd cause of action for misrepresentation is sustained without leave to amend. After three attempts, plaintiffs still have not specifically alleged facts to support each element of fraudulent misrepresentation. (See, Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 72-73) The Demurrer to the 3rd cause of action for fraudulent concealment is overruled as the elements are sufficiently pled.
The Demurrer to the 4th cause of action for breach of implied covenant of good faith and fair dealing is overruled as plaintiff has adequately alleged the existence of a home improvement contract. The Demurrer to the
Hearing Date
July 19, 2018
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT by defendants Hasenin Enterprises LLC dba Star Carpet & Flooring and American Contractors Indemnity Company is SUSTAINED in part and OVERRULED in part.
The Demurrer for uncertainty is overruled. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616; The Rutter Group, Civil Procedure Before Trial § 7:85)
The Demurrer to the 2nd cause of action for misrepresentation is sustained without leave to amend. After three attempts, plaintiffs still have not specifically alleged facts to support each element of fraudulent misrepresentation. (See, Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 72-73) The Demurrer to the 3rd cause of action for fraudulent concealment is overruled as the elements are sufficiently pled.
The Demurrer to the 4th cause of action for breach of implied covenant of good faith and fair dealing is overruled as plaintiff has adequately alleged the existence of a home improvement contract. The Demurrer to the