TENTATIVE RULING
Calendar: 10
Date: 9/6/19
Case No: EC 066936 Trial Date: None Set
Case Name: SEMCO E&M Corporation, et al. v. Lau, et al.
DEMURRER
[CCP §430.10 et. seq.]
Moving Party: Defendant Amaxi Nutrition
Responding Party: Plaintiffs E& M Corp., Hsien Lun Tsai, Grace Tsai, et al.
RELIEF REQUESTED:
Sustain demurrer to first and second causes of action of First Amended Complaint
CAUSES OF ACTION: from First Amended Complaint
Fraud
Civil Conspiracy to Commit Fraud
Breach of Written Contract
RULING:
Defendant Amaxi Nutrition Products, Inc.’s Demurrer to First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND.
Demurrer to the first cause of action for fraud is SUSTAINED WITH LEAVE TO AMEND on the ground the cause of action, as brought against a corporate entity, fails to sufficiently specifically allege the claim, and specifically fails to allege the individual speaking for the corporation, and that person’s authority to speak for the corporation, which corporation a
Hearing Date
September 06, 2019
Type
Contractual Fraud (General Jurisdiction)
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TENTATIVE RULING
Calendar: 10
Date: 9/6/19
Case No: EC 066936 Trial Date: None Set
Case Name: SEMCO E&M Corporation, et al. v. Lau, et al.
DEMURRER
[CCP §430.10 et. seq.]
Moving Party: Defendant Amaxi Nutrition
Responding Party: Plaintiffs E& M Corp., Hsien Lun Tsai, Grace Tsai, et al.
RELIEF REQUESTED:
Sustain demurrer to first and second causes of action of First Amended Complaint
CAUSES OF ACTION: from First Amended Complaint
Fraud
Civil Conspiracy to Commit Fraud
Breach of Written Contract
RULING:
Defendant Amaxi Nutrition Products, Inc.’s Demurrer to First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND.
Demurrer to the first cause of action for fraud is SUSTAINED WITH LEAVE TO AMEND on the ground the cause of action, as brought against a corporate entity, fails to sufficiently specifically allege the claim, and specifically fails to allege the individual speaking for the corporation, and that person’s authority to speak for the corporation, which corporation a