Defendant City of Los Angeles’s Demurrer to the First Amended Complaint is SUSTAINED without leave to amend as to the Second Cause of Action for Declaratory and Injunctive Relief, SUSTAINED with 30 days leave to amend as to the Fourth Cause of Action for Tortious Interference, SUSTAINED without leave to amend to the Third Cause of Action for Breach of Contract as alleged in Paragraphs 48(a) and (b), and OVERRULED as to the Third Cause of Action for Breach of Contract as alleged in Paragraphs 48(c)–(e).
Defendant City of Los Angeles’s Motion to Strike Portions of the First Amended Complaint is GRANTED as to the prayer for punitive damages without leave to amend.
DEMURRER
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, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of actio
Hearing Date
May 09, 2019
Type
Writ-Mandate on Ltd Court Case (General Jurisdiction)
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Defendant City of Los Angeles’s Demurrer to the First Amended Complaint is SUSTAINED without leave to amend as to the Second Cause of Action for Declaratory and Injunctive Relief, SUSTAINED with 30 days leave to amend as to the Fourth Cause of Action for Tortious Interference, SUSTAINED without leave to amend to the Third Cause of Action for Breach of Contract as alleged in Paragraphs 48(a) and (b), and OVERRULED as to the Third Cause of Action for Breach of Contract as alleged in Paragraphs 48(c)–(e).
Defendant City of Los Angeles’s Motion to Strike Portions of the First Amended Complaint is GRANTED as to the prayer for punitive damages without leave to amend.
DEMURRER
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, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of actio