The Demurrer filed by Defendant Mark Shanley is overruled as to the 1st Cause of Action (Negligence) and sustained with 10 days leave to amend as to the 2nd Cause of Action (Breach of Construction Contract).
The facts alleged are sufficient to support a claim of negligence under res ipsa loquitur.
As to the contract claim, the First Amended Complaint fails to allege that Mark Shanley is a party to any agreement between the corporate Defendant and Plaintiff's insured.
The Motion to Strike is granted as to the prayer for attorney's fees and the allegation on Page 3, Lines 24-25.
There is no contract or statute providing for attorney's fees.
The demurrer filed by Defendant Miguel Gonzalez is overruled as to the 1st Cause of Action (Negligence) and sustained with 10 days leave to amend as to the 2nd Cause of Action (Breach of Construction Contract).
The facts alleged are sufficient to support a claim of negligence under res ipsa loquitur.
As to the contract claim, the First Amended
Hearing Date
September 20, 2016
Type
Breach Contract/Warnty-Negligence (General Jurisdiction)
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The Demurrer filed by Defendant Mark Shanley is overruled as to the 1st Cause of Action (Negligence) and sustained with 10 days leave to amend as to the 2nd Cause of Action (Breach of Construction Contract).
The facts alleged are sufficient to support a claim of negligence under res ipsa loquitur.
As to the contract claim, the First Amended Complaint fails to allege that Mark Shanley is a party to any agreement between the corporate Defendant and Plaintiff's insured.
The Motion to Strike is granted as to the prayer for attorney's fees and the allegation on Page 3, Lines 24-25.
There is no contract or statute providing for attorney's fees.
The demurrer filed by Defendant Miguel Gonzalez is overruled as to the 1st Cause of Action (Negligence) and sustained with 10 days leave to amend as to the 2nd Cause of Action (Breach of Construction Contract).
The facts alleged are sufficient to support a claim of negligence under res ipsa loquitur.
As to the contract claim, the First Amended