DEMURRER TO 1ST AMENDED COMPLAINT

SET FOR HEARING ON WEDNESDAY, January 11, 2017, LINE 3

DEFENDANTS RICHARD CASHIN, ONE EQUITY PARTNERS, LLC, ONE EQUITY PARTNERS IV, L.P., and OEP II PARTNERS CO-INVEST, L.P.'S DEMURRER TO FIRST AMENDED COMPLAINT

OVERRULED in its entirety. All four causes of action are adequately alleged. The allegations in the first amended complaint regarding the terms of Mr. Gessow's compensation do not contradict those in the original complaint. Amid v. Hawthorne Community Medical Group (1989) 212 Cal. App.3d 1383, 1390 is distinguishable because in that case the appellant "failed to allege an express non-disclosure term in four earlier complaints and having adopted a position in his prior complaint that there was no such express non-disclosure term, appellant alleged an explicit oral contract of non-disclosure [in his fourth amended complaint.]" There are no such contradictory allegations here. The compensation terms are sufficiently definite because they