CONSUMER OPINION VS. ZCS

HEARING ON DEMURRER TO COMPLAINT

FILED BY MARK W. LAPHAM ESQ.

* TENTATIVE RULING: *

Defendant Mark Lapham’s and Defendant Owen Mascott’s demurrers are continued to July 26, 2018 at 8:30 a.m. in Department 17.

With the exception of the Civil Code §1714.10 issue, the Court is prepared to overrule the demurrers. However, given the continuance of the special motions to strike the Court continues the demurrers so that the section 1714.10 can be addressed at the same time in the motions and demurrers.

The defendants raise several arguments in their demurrer. First, defendants argue that plaintiff lacks standing. “In general terms, in order to have standing, the plaintiff must be able to allege injury—that is, some ‘invasion of the plaintiff's legally protected interests.’ (5 Witkin, Cal. Procedure (4th ed. 1997) Pleading, § 862, p. 320; see Code Civ. Proc., § 367 [‘Every action must be prosecuted in the name of the r........