DEMURRER TO 1ST AMENDED CROSS COMPLAINT

Matter on calendar for Monday, April 23, 2018, Line 8, CROSS DEFENDANT STONEBRAE CLUB PARTNERS, LLC DEMURRER TO 1ST AMENDED CROSS COMPLAINT.

Cross-defendant Stonebrae Club Partners, LLC's demurrer to all eight causes of action the in the first amended cross-complaint filed is sustained without leave to amend as to the seventh cause of action for violation of the CLRA and is overruled as to all other causes of action. The first through sixth and eighth causes of action for intentional misrepresentation, negligence misrepresentation, breach of contract, common count, and violations of the Unfair Competition Law, False Advertising Law, and Penal Code 493(c) are all adequately alleged. Many of Stonebrae's arguments raise factual issues not amenable to resolution on a demurrer. The FACC adequately alleges that Stonebrae misrepresented the cost of membership and that it is a private club to Mr. Wollack. Whether these representations were intentiona