SUBJECT: Demurrer to Second through Sixth Causes of Action
Moving Party: Defendant Aztec Foreclosure Corp.
Resp. Party: None
The demurrer to the second, third, and sixth causes of action is SUSTAINED, with leave to amend. The demurrer to the fourth and fifth causes of action is SUSTAINED, without leave to amend.
PRELIMINARY COMMENTS:
This demurrer is unopposed, yet plaintiffs have not indicated that they are planning on filing an amended complaint. The Court finds such silence to be troubling. If plaintiffs believed that the demurrer should be overruled, they should have filed an opposition. If plaintiffs agreed that the complaint needed to be amended, they should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had they done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiffs agree must be amended.
It is even more troubling because Defendant Azte
Hearing Date
January 03, 2019
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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SUBJECT: Demurrer to Second through Sixth Causes of Action
Moving Party: Defendant Aztec Foreclosure Corp.
Resp. Party: None
The demurrer to the second, third, and sixth causes of action is SUSTAINED, with leave to amend. The demurrer to the fourth and fifth causes of action is SUSTAINED, without leave to amend.
PRELIMINARY COMMENTS:
This demurrer is unopposed, yet plaintiffs have not indicated that they are planning on filing an amended complaint. The Court finds such silence to be troubling. If plaintiffs believed that the demurrer should be overruled, they should have filed an opposition. If plaintiffs agreed that the complaint needed to be amended, they should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had they done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiffs agree must be amended.
It is even more troubling because Defendant Azte