The Demurrer filed by Defendant to the Third Amended Complaint is sustained as to the 2nd Cause of Action (Fraud by Omission).
Defendant's Motion to Strike is moot.
Defendant's Request for Judicial Notice is granted.
As to the representations made: Plaintiff needs to allege who, what, when, and by what means were they made?
The statute of limitations argument was not made in prior Demurrers.
Case Number: SC128914 Hearing Date: June 13, 2018 Dept: K The Demurrer to the Complaint filed by Defendant is overruled as to the 1st Cause of Action (Breach of Written Contract), the 3rd Cause of Action (Breach of Warranties), the 6th Cause of Action (Unjust Enrichment) and the 7th Cause of Action (Conversion) is overruled. The Demurrer to the 4th Cause of Action (Fraud), the 5th Cause of Action (Negligent Misrepresentation), the 8th Cause of Action (Damages for Violation of Statute), and the 9th Cause of Action (Injunctive Relief and Conversion) is ........