HOVIK GRIGORIAN, ET AL VS. FELIX LOPEZ, ET AL

Case No.: EC065007    


14. EC065007
SECRET RECIPES, INC. v FELIX LOPEZ
Demurrer and Motion to Strike

The Plaintiffs leased commercial property from the Defendants. The Plaintiffs claim that the Defendants engaged in fraud because the Defendants concealed the fact that they did not own the property and that the purported lease was actually a sublease. Trial is set for March 7, 2018.
This hearing concerns the demurrer and motion to strike of the Defendants, Felix Lopez and Luis Rodriguez directed at the amendment filed by the Plaintiffs on November 20, 2017 that identified DOE Defendant 1 as Loracast, Inc.
1. Demurrer
The Defendants argue that the Plaintiffs cannot use the DOE Defendant statute, CCP section 474, to add Loracast, Inc. because the Plaintiffs knew its name when they filed their Complaint.
CCP section 474 permits a plaintiff who is ignorant of the name of a defendant to designate the defendant by any name in the complaint, but re........