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