SUBJECT: Demurrer to cross-complaint

Moving Party: Plaintiff and cross-defendant Taltech Construction Inc. and cross-defendant Garnik Badalyans

Resp. Party: Defendant and cross-complainant Cannibal Culver City LLC



Badalyans’s demurrer to the fifth cause of action is SUSTAINED with leave to amend. Taltech’s demurrer to the fifth cause of action is OVERRULED.

Plaintiffs’ Request for Judicial Notice is DENIED as UNNECESSARY; the Court need not take judicial notice of the cross-complaint because it is in the record in this action and it is the challenged pleading in this demurrer.



BACKGROUND:

Plaintiff commenced this action on 7/1/16 against defendants for: (1) breach of contract; (2) breach of contract; (3) work, labor, and materials furnished; (4) work, labor, and materials furnished; (5) open book account; (6) open book account; (7) account stated; (8) account stated; (9........