Overrule demurrer. Deny MTS.
Defendant's demurrer for uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states a cause of action. Jones v. Iverson, 131 Cal. 101 @104. Defendant demurs to the complaint as a whole based on the 2 year statute of limitations in CCP 339, which only applies to oral contracts Plaintiff's two causes of action for fraud are controlled by the 3 ye4ar statute in CCP 338. Moving party does not address this. Since at least two causes of action survive the CCP 339 demurrer, the demurrer to the whole complaint survives.
The demurrer to the first cause of action for fraudulent concealment is
Hearing Date
October 31, 2018
Category
Civil - Unlimited
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Overrule demurrer. Deny MTS.
Defendant's demurrer for uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states a cause of action. Jones v. Iverson, 131 Cal. 101 @104. Defendant demurs to the complaint as a whole based on the 2 year statute of limitations in CCP 339, which only applies to oral contracts Plaintiff's two causes of action for fraud are controlled by the 3 ye4ar statute in CCP 338. Moving party does not address this. Since at least two causes of action survive the CCP 339 demurrer, the demurrer to the whole complaint survives.
The demurrer to the first cause of action for fraudulent concealment is