SUBJECT: Demurrer
Moving Party: Defendant First American Title Insurance Co.
Resp. Party: None
TENTATIVE RULING:
Defendant’s demurrer is taken OFF CALENDAR in light of the filing of the first amended complaint on December 28, 2018.
On September 11, 2018, Plaintiff Anthony Sam filed the instant complaint, asserting causes of action for (1) Breach of Contract; (2) Negligence; (3) Conversion; (4) Fraud; and (5) Violation of Civ. Code § 2941.
On November 1, 2018, Defendant First American Title Insurance Co. filed a demurrer to the complaint.
Pursuant to CCP § 472(a), “A party may amend its pleading once without leave of the court . . . after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.” On December 28, 2018, Plaintiff timely filed a first amended complaint.
Defendant’s demurrer is therefore taken OFF CALENDA
Hearing Date
January 11, 2019
Type
Contractual Fraud (General Jurisdiction)
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SUBJECT: Demurrer
Moving Party: Defendant First American Title Insurance Co.
Resp. Party: None
TENTATIVE RULING:
Defendant’s demurrer is taken OFF CALENDAR in light of the filing of the first amended complaint on December 28, 2018.
On September 11, 2018, Plaintiff Anthony Sam filed the instant complaint, asserting causes of action for (1) Breach of Contract; (2) Negligence; (3) Conversion; (4) Fraud; and (5) Violation of Civ. Code § 2941.
On November 1, 2018, Defendant First American Title Insurance Co. filed a demurrer to the complaint.
Pursuant to CCP § 472(a), “A party may amend its pleading once without leave of the court . . . after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.” On December 28, 2018, Plaintiff timely filed a first amended complaint.
Defendant’s demurrer is therefore taken OFF CALENDA