The Court SUSTAINS the demurrer of defendants Mile Grbic and Santa Paula Materials, Inc. ("Grbic and SPM") to sixth (conversion) and seventh (conspiracy) causes of action of the second amended complaint of plaintiff Steven W. Loftis ("Loftis") WITHOUT LEAVE TO AMEND. The demurrer to the first cause of action for suit on a judgment pursuant to Code of Civil Procedure section 683.050 is rendered moot as a result of Loftis's dismissal of Grbic and SPM as to that cause of action.
In ruling on a demurrer, the Court treats all properly pleaded facts in the complaint as admitted. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.) The demurrer is limited to the four corners of the complaint and any additional facts which are properly the subject of judicial notice. (Code of Civ. Proc., § 430.30, subd.(a).) Sixth Cause of Action: The second amended complaint alleges that plaintiff has a judgment for unpaid wages against defendants R.G. Garcia Corporation ("Garcia") and
Hearing Date
March 12, 2018
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
The Court SUSTAINS the demurrer of defendants Mile Grbic and Santa Paula Materials, Inc. ("Grbic and SPM") to sixth (conversion) and seventh (conspiracy) causes of action of the second amended complaint of plaintiff Steven W. Loftis ("Loftis") WITHOUT LEAVE TO AMEND. The demurrer to the first cause of action for suit on a judgment pursuant to Code of Civil Procedure section 683.050 is rendered moot as a result of Loftis's dismissal of Grbic and SPM as to that cause of action.
In ruling on a demurrer, the Court treats all properly pleaded facts in the complaint as admitted. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.) The demurrer is limited to the four corners of the complaint and any additional facts which are properly the subject of judicial notice. (Code of Civ. Proc., § 430.30, subd.(a).) Sixth Cause of Action: The second amended complaint alleges that plaintiff has a judgment for unpaid wages against defendants R.G. Garcia Corporation ("Garcia") and