Tentative ruling issued by Judge Dan Thomas Oki on Oct. 26, 2016 in Los Angeles County, CA - Case no: xxxxx366

Industry Speedway, LLC v. Industry Hills Expo Center, etc., et al. (KC067366)

DEMURRER TO THIRD AMENDED COMPLAINT

Moving Party: Defendant Civic-Recreational-Industrial Authority

Respondent: Plaintiff, Industry Speedway, LLC

POS: Moving OK; Opposing served by regular mail contrary to CCP § 1005(c)

In this breach of contract action, plaintiff alleges that defendants breached a licensing agreement between the parties by not allowing plaintiff to exercise an option for an additional three racing seasons and terminating the agreement. Plaintiff commenced this action on 12/31/14. On 2/5/16, the court sustained Defendant City of Industry’s demurrer to plaintiff’s first and second causes of action in its First Amended Complaint, without leave to amend. The Third Amended Complaint, filed on 7/26/16, asserts causes of action for:

1. Breach of Contract2. Breach of the Implied Covenant of Good Faith and Fair Dealing3. Fraud (Concealme….....