NATURE OF PROCEEDINGS: 1) HEARING ON DEMURRER 7 TO THIRD AMENDED COMPLAINT [DEFT] FIRST AMERICAN TITLE COMPANY 2) MOTION TO STRIKE — CLAIM FOR ATTORNEY’S FEES FROM THIRD AMENDED COMPLAINT [DEFT] FIRST AMERICAN TITLE COMPANY

RULING

The demurrer by defendant First American Title Company (“Defendant”) to the third amended complaint (“TAC”) of plaintiff Stephen F, Powell (“Plaintiff”) is SUSTAINED, with leave to amend. Plaintiff fails to state facts sufficient to constitute a cause of action for breach of contract and negligence, (Code Civ. Proc. §430.10, subd. (e).)

Because the Court has sustained the demurrer with leave to amend, Defendant’s motion to strike attorney fees is moot.

JUDICIAL NOTICE The Court takes judicial notice of the court records requested by Plaintiff (Evid. Code § 452, subd. (d).)

W This is a breach of implied contract and negligence action brought by Plaintiff against Defendant for its alleged failure to re-designate the ownership interest between Plaintiff‘s m