Motion: Defendants David and Joann Bernel’s Motion for Judgment on the Pleadings
Tentative Ruling:
To grant the motion as to the First, Second, Fifth and Seventh causes of action, without leave to amend. To grant the motion as to the Sixth cause of action, with leave to amend, but such leave is conditioned on allowing plaintiffs to bring a cause of action for breach of contract, only. Plaintiffs are granted 10 days’ leave to file the Second Amended Complaint, with the time to run from service by the clerk of the minute order. New allegations/language must be set in boldface type.
Explanation:
Request for Judicial Notice:
Defendants ask the court to take judicial notice of the First Amended Complaint (“FAC”), the recording and transcript of the unlawful detainer trial in Case # 15CECG01766 (Kutnerian Enterprises v. Reyes), the judgment from that trial, and the remittitur from the Reyeses’ appeal of that judgment. This is appropriate. A motion for judgment on the pleadings lies where the
Hearing Date
October 03, 2016
Type
23 Unlimited - Other PI/PD/WD
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Motion: Defendants David and Joann Bernel’s Motion for Judgment on the Pleadings
Tentative Ruling:
To grant the motion as to the First, Second, Fifth and Seventh causes of action, without leave to amend. To grant the motion as to the Sixth cause of action, with leave to amend, but such leave is conditioned on allowing plaintiffs to bring a cause of action for breach of contract, only. Plaintiffs are granted 10 days’ leave to file the Second Amended Complaint, with the time to run from service by the clerk of the minute order. New allegations/language must be set in boldface type.
Explanation:
Request for Judicial Notice:
Defendants ask the court to take judicial notice of the First Amended Complaint (“FAC”), the recording and transcript of the unlawful detainer trial in Case # 15CECG01766 (Kutnerian Enterprises v. Reyes), the judgment from that trial, and the remittitur from the Reyeses’ appeal of that judgment. This is appropriate. A motion for judgment on the pleadings lies where the