SUBJECT: Demurrer to first amended complaint; motion to strike
Moving Party: Defendants West Coast Escrow and Anthony Leonard
Resp. Party: None
Defendants’ demurrer to the first amended complaint is SUSTAINED with leave to amend. The motion to strike is MOOT.
PRELIMINARY COMMENTS:
This case was filed eight months ago on March 25, 2016. At the Case Management Conference on July 6, 2016, plaintiff failed to timely file his Case Management Statement. Plaintiff’s counsel assured the court that he had filed the Case Management statement the previous week, but did not have a conformed copy, and there was no record of a CMS in the Court’s computer system. Further, when asked by the Court, plaintiff’s counsel was unable to tell the court if the defendants had been served.
Two months later, plaintiff filed his First Amended Complaint. Today’s hearing is the third of three hearings on three different demurrers to the FAC. The two previous demurrers were sustained with leave to a
Hearing Date
December 14, 2016
Type
Contractual Fraud (General Jurisdiction)
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SUBJECT: Demurrer to first amended complaint; motion to strike
Moving Party: Defendants West Coast Escrow and Anthony Leonard
Resp. Party: None
Defendants’ demurrer to the first amended complaint is SUSTAINED with leave to amend. The motion to strike is MOOT.
PRELIMINARY COMMENTS:
This case was filed eight months ago on March 25, 2016. At the Case Management Conference on July 6, 2016, plaintiff failed to timely file his Case Management Statement. Plaintiff’s counsel assured the court that he had filed the Case Management statement the previous week, but did not have a conformed copy, and there was no record of a CMS in the Court’s computer system. Further, when asked by the Court, plaintiff’s counsel was unable to tell the court if the defendants had been served.
Two months later, plaintiff filed his First Amended Complaint. Today’s hearing is the third of three hearings on three different demurrers to the FAC. The two previous demurrers were sustained with leave to a