DEMURRER TO COMPLAINT
SET FOR HEARING ON TUESDAY, MAY 3, 2016, LINE 8
DEFENDANT IAN KELLEY'S DEMURRER TO COMPLAINT
Sustained with twenty days leave to amend as to the first cause and second causes of action for legal malpractice and unjust enrichment and overruled as to the third cause of action for fraud. While the legal malpractice claim is not uncertain, consideration of the judicially noticeable motion for reconsideration filed by plaintiff Steve Ryan in the underlying action discloses that it may be time-barred per Code of Civil Procedure 340.6. Mr. Ryan is given leave to amend, if he can do so in good faith, to allege facts showing that his legal malpractice claim is not time-barred notwithstanding the motion for reconsideration he filed in the underlying action. Unjust enrichment is not itself a cognizable claim for damages. Mr. Ryan is given leave to amend, if he can do so in good faith, to allege a recognized claim under California law that he is entitled to recover some or
Hearing Date
May 03, 2016
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DEMURRER TO COMPLAINT
SET FOR HEARING ON TUESDAY, MAY 3, 2016, LINE 8
DEFENDANT IAN KELLEY'S DEMURRER TO COMPLAINT
Sustained with twenty days leave to amend as to the first cause and second causes of action for legal malpractice and unjust enrichment and overruled as to the third cause of action for fraud. While the legal malpractice claim is not uncertain, consideration of the judicially noticeable motion for reconsideration filed by plaintiff Steve Ryan in the underlying action discloses that it may be time-barred per Code of Civil Procedure 340.6. Mr. Ryan is given leave to amend, if he can do so in good faith, to allege facts showing that his legal malpractice claim is not time-barred notwithstanding the motion for reconsideration he filed in the underlying action. Unjust enrichment is not itself a cognizable claim for damages. Mr. Ryan is given leave to amend, if he can do so in good faith, to allege a recognized claim under California law that he is entitled to recover some or