1) Demurrer to Complaint
2) Case Management Conference – continued to July 17, 2017 at 9:00 a.m.
The Demurrer by Defendant TNW Enterprises, Inc. to Plaintiff’s Second Cause of Action (for breach of contract) in the Complaint is sustained with 10 days leave to amend. The Court has not considered Exhibit A to the Ghozland Declaration because, in ruling on a demurrer, the Court may only consider the allegations of the complaint and matters as to which the Court may take judicial notice. CCP Section 430.30(a). The purported offer letter attached to the Ghozland Declaration is neither.
As an initial matter, the Court notes that the demurrer is not improper by reason of the Court’s March 13, 2017 Minute order directing Defendant to answer the complaint. Section 1281.7 of the Code of Civil Procedure provides that a petition to compel arbitration may be filed in lieu of filing an answer to a complaint and that “[t]he petitioning defendant shall have 15 days after any denial of the petition to