19-14947 JMS Demurrer and Dismiss 7/8/2020
Defendant Lapolla Industries Inc. demurs to five causes of action of the complaint of Plaintiff JMS Holdings Company LLC. Defendant also seeks to dismiss the action. Having read and considered the motions, opposition, and reply, the court issues the following tentative ruling:
The motion is set for July 9, 2020. Plaintiff’s opposition was filed on June 29, 2020, merely seven court days before the date of the hearing. The court is of the opinion that Defendant is entitled to a continuance to brief fully their reply.
Appearances required to discuss scheduling.
To direct counsels’ attention to issues of interest of the court, the following observations are made:
Plaintiff’s request for judicial notice will be granted.
The First cause of action for Breach of Contract as alleged against Defendant Lapolla will be sustained with twenty days leave to amend.
The Second cause of action for Product Liability fails because the allegations do not sp
Hearing Date
June 25, 2020
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19-14947 JMS Demurrer and Dismiss 7/8/2020
Defendant Lapolla Industries Inc. demurs to five causes of action of the complaint of Plaintiff JMS Holdings Company LLC. Defendant also seeks to dismiss the action. Having read and considered the motions, opposition, and reply, the court issues the following tentative ruling:
The motion is set for July 9, 2020. Plaintiff’s opposition was filed on June 29, 2020, merely seven court days before the date of the hearing. The court is of the opinion that Defendant is entitled to a continuance to brief fully their reply.
Appearances required to discuss scheduling.
To direct counsels’ attention to issues of interest of the court, the following observations are made:
Plaintiff’s request for judicial notice will be granted.
The First cause of action for Breach of Contract as alleged against Defendant Lapolla will be sustained with twenty days leave to amend.
The Second cause of action for Product Liability fails because the allegations do not sp