TENTATIVE RULING FOR JULY 29, 2014 ON DEMURRER BY LANGE TO CROSS-COMPLAINT OF MILLER
Overrule the demurrer by Lange to Miller's cross-complaint.
Sufficient facts were pled to state a claim for conversion. Fremont Indem. Co. v Fremont General Corp (2007) 148 CA 4th 97, 119. Lange's complaint was filed within the three year statute of limitations for conversion (complaint filed 12-20-13 and Defendant knew of conversion on 1-13-11). The cross-complaint relates to the allegations in the complaint and thus there is no statute of limitations problem. Trindade v Superior Court (1973) 29 CA 3d 857, 859-861. Lange shall answer the cross-complaint by August 8, 2014.
Hearing Date
July 29, 2014
Category
Civil - Unlimited
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TENTATIVE RULING FOR JULY 29, 2014 ON DEMURRER BY LANGE TO CROSS-COMPLAINT OF MILLER
Overrule the demurrer by Lange to Miller's cross-complaint.
Sufficient facts were pled to state a claim for conversion. Fremont Indem. Co. v Fremont General Corp (2007) 148 CA 4th 97, 119. Lange's complaint was filed within the three year statute of limitations for conversion (complaint filed 12-20-13 and Defendant knew of conversion on 1-13-11). The cross-complaint relates to the allegations in the complaint and thus there is no statute of limitations problem. Trindade v Superior Court (1973) 29 CA 3d 857, 859-861. Lange shall answer the cross-complaint by August 8, 2014.