U.S. Bank National Association as Trustee for the registered holders of ML-CFC Commercial Mortgage Trust 2006-4 Commercial Mortgage Pass-Through Certificates Series 2006-4 vs. 1025 Propect Limited Partnership [EFILE]

Case No.: 37-2017-00038815-CU-OR-CTL    

DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT by defendants Todd Okum and Melissa Sussman is SUSTAINED without leave to amend.

Request for Judicial Notice is granted.

Plaintiff Takahiro, Inc.'s status as a corporate entity has been forfeited by the California Franchise Tax Board. As such, it does not have the legal capacity to sue. (Friends of Shingle Springs Interchange, Inc. v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1486;(Timberline, Inc. v. Jaisinghani (1997) 54 Cal.App.4th 1361, 1368; see also City of San Diego v. San Diegans for Open Government (2016) 3 Cal.App.5th 568, 578, as modified on denial of reh'g (Oct. 17, 2016))