NORTH AMERICAN TITLE INSURANCE COMPANY, Plaintiff, vs. RODGER MARTIN GARIANO; et. al. Defendants.

CASE NO: BC696805 r/t LC106526

[TENTATIVE] ORDER RE:

DEMURRER TO SECOND AMENDED COMPLAINT

Dept. T

8:30 a.m.

November 24, 2020

[TENTATIVE] ORDER: The Demurrer to the Second Amended Complaint is MOOT as to the first cause of action and OVERRULED as to the second thru fifth, eighth and twelfth causes of action. Defendants’ Request for Judicial Notice as to Exhibit 1 is GRANTED except as to matters in dispute and as to Exhibit 2 is DENIED. Answer to be filed within 20 days.

INTRODUCTION

Defendants Marquee Funding Group Inc (“MFG”), Megan Lagerson (“Lagerson”) and Ryan Solovy aka R.J. Solovy (“Solovy”) (collectively “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by Plaintiff North American Title Insurance Company (“NATIC” or “Plaintiff.”) Placed into issue are all causes of action (“COA”) except the sixth, seventh, ninth, tenth and eleventh COAs.

PROCEDURE

Despite