DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Thursday, March 24, 2011, line 8. DEFENDANTS R.C. CHRONICLE BUILDING L.P., THE RITZ-CARLTON HOTEL COMPANY, LLC, THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., THE RITZ-CARLTON SALES COMPANY, INC., THE RITZ-CARLTON MANAGEMENT COMPANY, LLC'S DEMURRER TO 1ST AMENDED COMPLAINT. Demurrer sustained as follows: As to the 1st, 2nd and 3rd causes of action, the demurrer is sustained with leave to amend. Plaintiff must plead facts that show 1) the time and manner of discovery of misrepresentation/fraud, and 2) plaintiffs' inability to have made the discovery at an earlier date despite reasonable diligence. As to the 4th cause of action, the demurrer is sustained with leave to amend. Plaintiff must plead facts demonstrating a fiduciary duty owed by defendants. As to the 5th cause of action, the demurrer is sustained with leave to amend. Plaintiff must plead damages from defendants' purported breach. As to the 8th cause of action, the demu
Hearing Date
March 24, 2011
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DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Thursday, March 24, 2011, line 8. DEFENDANTS R.C. CHRONICLE BUILDING L.P., THE RITZ-CARLTON HOTEL COMPANY, LLC, THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., THE RITZ-CARLTON SALES COMPANY, INC., THE RITZ-CARLTON MANAGEMENT COMPANY, LLC'S DEMURRER TO 1ST AMENDED COMPLAINT. Demurrer sustained as follows: As to the 1st, 2nd and 3rd causes of action, the demurrer is sustained with leave to amend. Plaintiff must plead facts that show 1) the time and manner of discovery of misrepresentation/fraud, and 2) plaintiffs' inability to have made the discovery at an earlier date despite reasonable diligence. As to the 4th cause of action, the demurrer is sustained with leave to amend. Plaintiff must plead facts demonstrating a fiduciary duty owed by defendants. As to the 5th cause of action, the demurrer is sustained with leave to amend. Plaintiff must plead damages from defendants' purported breach. As to the 8th cause of action, the demu