Ntc Of Demurrer Hrg By Deft Adg Concerns, Inc. To Complt, Calendar Motion: Demurrer, Calendar Motion: Hearing
Requests for Judicial Notice.
-Requests for judicial notice of notices given to ADG and BRION: GRANT because there is no dispute as to existence and form of notice.
-Request for judicial notice of notice given to LOTUS: DENY because contents of notice is disputed.
Demurrer 1st cause of action Violation of Prop 65 [H&S25249.6]:
-OVERRULE as to ADG and BRION because notices are sufficient and complaint does not violate due process.
-OVERRULE as to LOTUS because complaint alleges compliance with notice requirement and the complaint does not violate due process.
2nd cause of action Violation of B&P17200 based upon violation of Prop 65; 3rd cause of action Violation of B&P17200 based upon violation of Sherman Act; and 4th cause of action Violation of B&P17200.
-OVERRULE as to ADG and BRION because notices are sufficient; the 3rd & 4th causes of action are not dependent on proper
Hearing Date
November 28, 2001
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Ntc Of Demurrer Hrg By Deft Adg Concerns, Inc. To Complt, Calendar Motion: Demurrer, Calendar Motion: Hearing
Requests for Judicial Notice.
-Requests for judicial notice of notices given to ADG and BRION: GRANT because there is no dispute as to existence and form of notice.
-Request for judicial notice of notice given to LOTUS: DENY because contents of notice is disputed.
Demurrer 1st cause of action Violation of Prop 65 [H&S25249.6]:
-OVERRULE as to ADG and BRION because notices are sufficient and complaint does not violate due process.
-OVERRULE as to LOTUS because complaint alleges compliance with notice requirement and the complaint does not violate due process.
2nd cause of action Violation of B&P17200 based upon violation of Prop 65; 3rd cause of action Violation of B&P17200 based upon violation of Sherman Act; and 4th cause of action Violation of B&P17200.
-OVERRULE as to ADG and BRION because notices are sufficient; the 3rd & 4th causes of action are not dependent on proper