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December 7, 2016
Los Angeles County, CA
Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
LPL FINANCIAL LLC - Plaintiff/Petitioner
MARKUN ZUSMAN & COMPTON LLP - Attorney for Plaintiff/Petitioner
MOSSHART JOSHUA - Defendant/Respondent
YAEL TOBI - Attorney for Deft/Respnt
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Defendant Joshua Mosshart’s Demurrer to LPL Financial, LLC’s Second Amended Complaint is SUSTAINED without leave to amend as to the third cause of action for equitable indemnity and SUSTAINED without leave to amend as to the second cause of action for negligence without prejudice as to LPL filing a motion for leave to amend the SAC to add the negligence cause of action.
Defendant Joshua Mosshart’s Motion to Strike is DENIED as moot.
Defendant to give notice.
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30.) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be judicially noticed. Further,........
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