Demurrer; Motion to Strike
TENTATIVE RULING
Demurrer
The demurrer by Defendants Dwight Davenport and Dwight Davenport, Inc. to the first, third, and fifth causes of action in Plaintiff’s first amended complaint is overruled.
Plaintiff’s use of the term “Defendants Davenport” in the subheadings of the first and third causes of action do not render the causes of action uncertain. Plaintiff has specifically alleged the roles specific defendants have played in the two written loan agreements on which the causes of action are based and the use of the term in the subheadings do not impair Defendants’ ability to understand the complaint or determine the issues that must be met. (People v. Lim (1941) 18 Cal.2d 872, 882.)
Plaintiff has alleged facts establishing that Defendant Dwight Davenport was a party to the agreements on which the first and third causes of action are based. (FAC, ¶¶ 11, 15.) In fact, the copies of the written agreements provided as exhibits to the original complaint appear
Hearing Date
December 10, 2020
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Demurrer; Motion to Strike
TENTATIVE RULING
Demurrer
The demurrer by Defendants Dwight Davenport and Dwight Davenport, Inc. to the first, third, and fifth causes of action in Plaintiff’s first amended complaint is overruled.
Plaintiff’s use of the term “Defendants Davenport” in the subheadings of the first and third causes of action do not render the causes of action uncertain. Plaintiff has specifically alleged the roles specific defendants have played in the two written loan agreements on which the causes of action are based and the use of the term in the subheadings do not impair Defendants’ ability to understand the complaint or determine the issues that must be met. (People v. Lim (1941) 18 Cal.2d 872, 882.)
Plaintiff has alleged facts establishing that Defendant Dwight Davenport was a party to the agreements on which the first and third causes of action are based. (FAC, ¶¶ 11, 15.) In fact, the copies of the written agreements provided as exhibits to the original complaint appear