ROBERT FISHER, ET AL vs, ROBERT D. ENTWISLE, ET AL

Case No.: CV1902081    

NATURE OF PROCEEDINGS: 1) HEARING ON DEMURRER 7 NOTICE OF DEMURRER TO COMPLAINT [DEFT] MMB FIRST MORTGAGE FUND, LP, A CA LIMITED PARTNERSHIP

2) MOTION TO STRIKE 7 NOTICE OF MOTION TO STRIKE ALLEGATIONS AND EXHIBIT IN COMPLAINT [DEFT] MMB FIRST MORTGAGE FUND, LP, A CA LIMITED PARTNERSHIP

RULING

Defendant MMB First Mortgage Fund, LP’s unopposed demurrer to the first and second causes of action of the Complaint is sustained with leave to amend,

Defendant’s unopposed Motion to Strike is granted with leave to amend,

Preliminary Matters

The Court notes that Plaintiffs failed to meet and confer about this demurrer and motion to strike, notwithstanding sufficient efforts extended by Defendant, and failed to file an opposition to either motion. While the Court will grant leave to amend, Plaintiffs’ further lack of participation in their own action will be considered by the Court in exercising its discretion t........