The Court's tentative ruling is to:
(i) Overrule Plaintiff and Cross-Defendant One Baxter Way, L.P.'s demurrer to Defendant and Cross-Complainant HMS Capital, Inc.'s Cross-Complaint, on the grounds that (a) Defendant alleges that the Agreement relied upon was written in ¶BC-1 of the Cross-Complaint; and (b) Defendant sufficiently alleges the material terms of the Agreement by their legal effect in the same paragraph. (See Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199; Roddenberry v. Roddenberry (1991) 44 Cal.App.4th 634, 654-655.)
(ii) Order Plaintiff to file and serve an Answer to the Cross-Complaint by no later than June 2, 2009.
Hearing Date
May 13, 2009
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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The Court's tentative ruling is to:
(i) Overrule Plaintiff and Cross-Defendant One Baxter Way, L.P.'s demurrer to Defendant and Cross-Complainant HMS Capital, Inc.'s Cross-Complaint, on the grounds that (a) Defendant alleges that the Agreement relied upon was written in ¶BC-1 of the Cross-Complaint; and (b) Defendant sufficiently alleges the material terms of the Agreement by their legal effect in the same paragraph. (See Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199; Roddenberry v. Roddenberry (1991) 44 Cal.App.4th 634, 654-655.)
(ii) Order Plaintiff to file and serve an Answer to the Cross-Complaint by no later than June 2, 2009.