The special and general Demurrer (ROA # 53) of Defendant LUCY LU ("Defendant" or "Lu") to the First Amended Complaint ("FAC") of Plaintiff SOLOMON BAGELS & DONUTS, INC. ("Plaintiff"), is OVERRULED.
The special Demurrer to causes of action 4 and 6 in the FAC is OVERRULED. The causes of action are not fatally ambiguous or unintelligible. Code Civ. Proc. 430.10(f). The general Demurrer to causes of action 2, 4 and 6 are also OVERRULED.
Defendant is ordered to file and serve an Answer within twenty (20) days of this hearing. The basis for the ruling overruling the general Demurrer is set forth below.
2nd COA: FRAUD / CONCEALMENT
The elements of an action for fraud based on concealment are: (1) Defendant must have concealed or suppressed a material fact, (2) Defendant must have been under a duty to disclose the fact to Plaintiff, (3) Defendant must have intentionally concealed or suppressed the fact with the intent to defraud Plaintiff, (4) Plaintiff must have been unaware of the fact a
Hearing Date
September 08, 2021
Category
Civil - Unlimited
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The special and general Demurrer (ROA # 53) of Defendant LUCY LU ("Defendant" or "Lu") to the First Amended Complaint ("FAC") of Plaintiff SOLOMON BAGELS & DONUTS, INC. ("Plaintiff"), is OVERRULED.
The special Demurrer to causes of action 4 and 6 in the FAC is OVERRULED. The causes of action are not fatally ambiguous or unintelligible. Code Civ. Proc. 430.10(f). The general Demurrer to causes of action 2, 4 and 6 are also OVERRULED.
Defendant is ordered to file and serve an Answer within twenty (20) days of this hearing. The basis for the ruling overruling the general Demurrer is set forth below.
2nd COA: FRAUD / CONCEALMENT
The elements of an action for fraud based on concealment are: (1) Defendant must have concealed or suppressed a material fact, (2) Defendant must have been under a duty to disclose the fact to Plaintiff, (3) Defendant must have intentionally concealed or suppressed the fact with the intent to defraud Plaintiff, (4) Plaintiff must have been unaware of the fact a