CASE NAME: American/BCEGZ et al v. Shores LLC, et al.

CASE NO.: BC538363

MOTION: Railcraft, Trademark, and Harel’s Demurrers to Nadel’s Residential and Commercial, Inc.’s Third Amended Cross-Complaint (“TACC”)

HEARING DATE: 08/03/2021

Background

The Court granted Nadel Leave to file a third amended cross-complaint (“TACC”) following the demurrer to the second amended cross-complaint. On May 25, 2021, Nadel filed the TACC. Nadel was the architect on the Shores 544-unit apartment complex. (See TACC ¶¶ 1, 57.)

Cross-Defendants Railcraft International (2010) Inc. (“Railcraft”), Trademark Construction Co. (“Trademark”), and Dror Harel dba Harel Construction Services (“Harel”) filed separate demurrers to the ninth, tenth, and eleventh causes of action in the TACC (collectively “demurring defendants”). As to the demurring defendants, Nadel alleges three causes of action: (1) Ninth Cause of Action – Declaratory Relief (regarding the indemnity clause); (2) Tenth Cause of Action – Breach o