DEMURRER AND MOTION TO STRIKE ON
MCC2001927 LC STAHL, LLC vs WALD 1ST AMENDED COMPLAINT LC STAHL, LLC
BY SUSAN BROOKE THOMPSON
Tentative Ruling:
1. SUSTAIN the demurrer to the 8th cause of action for usury, without leave to amend;
2. SUSTAIN the demurrer to the 9th cause of action for rescission, without leave to amend;
3. OVERRULE the demurrer to the 4th through 7th causes of action for fraud;
4. SUSTAIN the demurrer to all causes of action based on lack of standing, with 30 days
leave to amend (Plaintiff lacks standing if the trustee has not yet abandoned the property);
5. GRANT the motion to strike attorneys’ fees, without leave to amend;
6. DENY the motion to strike punitive damages.
Hearing Date
February 01, 2022
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DEMURRER AND MOTION TO STRIKE ON
MCC2001927 LC STAHL, LLC vs WALD 1ST AMENDED COMPLAINT LC STAHL, LLC
BY SUSAN BROOKE THOMPSON
Tentative Ruling:
1. SUSTAIN the demurrer to the 8th cause of action for usury, without leave to amend;
2. SUSTAIN the demurrer to the 9th cause of action for rescission, without leave to amend;
3. OVERRULE the demurrer to the 4th through 7th causes of action for fraud;
4. SUSTAIN the demurrer to all causes of action based on lack of standing, with 30 days
leave to amend (Plaintiff lacks standing if the trustee has not yet abandoned the property);
5. GRANT the motion to strike attorneys’ fees, without leave to amend;
6. DENY the motion to strike punitive damages.