JAMES DUCLAIR VS. VANGUARD PROPERTIES INC. ET AL

Case No.: CGC16556129    

DEMURRER TO 1ST AMENDED COMPLAINT

Real Property/Housing Court Law and Motion Calendar for Wednesday, September 19, 2018, Line 1. DEFENDANT VANGUARD PROPERTIES INC'S DEMURRER TO 1ST AMENDED COMPLAINT.

Sustained. Demurrer is sustained without leave to amend as to Colin Hoops based on lack of standing, no opposition having been filed. Demurrer is sustained with leave to amend for the remaining Plaintiffs to allege: (1) facts in support of each cause of action as to each Plaintiff with requisite specificity as is required for fraud-based causes of action; (2) any allegations made against Vanguard in its separate capacities (e.g. developer, seller's agent, buyer's agent) to be clearly and separately made; (3) factual allegations regarding delayed discovery by each Plaintiff as to each alleged latent defect to be clearly made. =(501/REQ)

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