Demurrer
Meet and Confer
The Declaration of Nicole C. Prado reflects that Plaintiff’s counsel failed to respond to meet and confer efforts. This satisfies CCP § 430.41(a)(3)(B).
Defendants’ Objection To Notice of Errata
Defendants’ Objection To the Notice of Errata To Plaintiff’s Second Amended Complaint filed by Plaintiff on January 21, 2020, which consisted of exhibits which were not attached to the Second Amended Complaint, is SUSTAINED.
In this regard, the Court also notes that Plaintiff filed a Second Amended Complaint on October 11, 2019 which did not include exhibits, then filed a “Second” (actually Third) Amended Complaint on October 18, 2019, which did include exhibits. This Second (actually Third) Amended Complaint was filed without leave of Court in violation of CCP § 472(a). Accordingly, the “Second” Amended Complaint filed on October 18, 2019 is ordered stricken pursuant to CCP § 436(b).
The Court will analyze the demurrer in reference to the Second Amended Complaint
Hearing Date
March 11, 2020
Type
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
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Demurrer
Meet and Confer
The Declaration of Nicole C. Prado reflects that Plaintiff’s counsel failed to respond to meet and confer efforts. This satisfies CCP § 430.41(a)(3)(B).
Defendants’ Objection To Notice of Errata
Defendants’ Objection To the Notice of Errata To Plaintiff’s Second Amended Complaint filed by Plaintiff on January 21, 2020, which consisted of exhibits which were not attached to the Second Amended Complaint, is SUSTAINED.
In this regard, the Court also notes that Plaintiff filed a Second Amended Complaint on October 11, 2019 which did not include exhibits, then filed a “Second” (actually Third) Amended Complaint on October 18, 2019, which did include exhibits. This Second (actually Third) Amended Complaint was filed without leave of Court in violation of CCP § 472(a). Accordingly, the “Second” Amended Complaint filed on October 18, 2019 is ordered stricken pursuant to CCP § 436(b).
The Court will analyze the demurrer in reference to the Second Amended Complaint