The general Demurrer (ROA # 31) of Defendants SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&E") and CLARENCE J. RASURE II ("Rasure") (collectively "Defendants") to the First, Second, Fifth, Sixth and Seventh Causes of Action in the First Amended Complaint ("FAC" - ROA # 12) of Plaintiff CMC DIRT WORKS, INC. ("Plaintiff"), is OVERRULED.
The basis for this ruling is set forth below.
1st COA: Conspiracy to Violate Unfair Practices Act
The "Unfair Practices Act" ("UPA") is codified at Business & Professions Code sections 17000, et seq. The purpose of the UPA "is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent and discriminatory practices by which fair and honest competition is destroyed or prevented." Bus. & Prof. Code 17001. "This chapter shall be liberally construed that its beneficial purposes may be subserved." Bus. & Prof. Code 17002. Section 17043 of th
Hearing Date
January 24, 2019
Category
Civil - Unlimited
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The general Demurrer (ROA # 31) of Defendants SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&E") and CLARENCE J. RASURE II ("Rasure") (collectively "Defendants") to the First, Second, Fifth, Sixth and Seventh Causes of Action in the First Amended Complaint ("FAC" - ROA # 12) of Plaintiff CMC DIRT WORKS, INC. ("Plaintiff"), is OVERRULED.
The basis for this ruling is set forth below.
1st COA: Conspiracy to Violate Unfair Practices Act
The "Unfair Practices Act" ("UPA") is codified at Business & Professions Code sections 17000, et seq. The purpose of the UPA "is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent and discriminatory practices by which fair and honest competition is destroyed or prevented." Bus. & Prof. Code 17001. "This chapter shall be liberally construed that its beneficial purposes may be subserved." Bus. & Prof. Code 17002. Section 17043 of th