KATHERINE WALKER VS. PHOENIX RISING ENTERPRISES, INC. ET AL

Case No.: CGC16552254    

DEMURRER TO 1ST AMENDED COMPLAINT

Set for hearing on Tuesday, October 11, 2016, line 15. DEFENDANTS PHOENIX RISING ENTERPRISES, INC., KATHIA ZOLFAGHARI'S DEMURRER TO 1ST AMENDED COMPLAINT.

Defendants Kathia Zolfaghari and Phoenix Rising Enterprises, Inc.'s demurrer to the first amended complaint is overruled in its entirety. The court grants the request to take judicial notice of the declaration of Mr. Ostrin. The court can take judicial notice of the declaration as a court record, but it cannot take judicial notice of the truth of the matters asserted therein. (People v. Tolbert (1986) 176 Cal.App.3d 685, 690.) The ownership issue is disputed and therefore, not a subject for judicial notice. The first amended complaint alleges that Phoenix Rising Enterprises is a corporation and is a distinct entity from its owners. The face of the first amended complaint and judicially noticeable documents do not show that Mr. Ostrin is an indispensable party. Ms. Wa........