20-681 Takemori Demurrer 3 2/18/2021
Defendant Reynolds Packing Co., dba M&R Company demurs to the Sixth Cause of Action for Constructive Fraud, of the Second Amended Complaint (SAC) of Plaintiff Takemori Farms, Inc. Having read and considered the motion, opposition, and reply, the court issues the following tentative ruling:
Defendant’s request for judicial notice is granted.
This is a dispute between a squash farmer and a packing house/commission merchant for money allegedly owed the grower by the commission merchant. The court sustained Defendant’s demurrer to the Sixth cause of action in the complaint with leave to amend and overruled all of Defendant’s other demurrers. Plaintiff timely filed a First Amended Complaint, and when Defendant pointed out that it made no allegations specific to Plaintiff Takemori Farms, Inc., Plaintiff filed a Second Amended Complaint correcting those deficiencies without seeking leave to amend. Defendant therefore now moves to strike the SAC and demu
Hearing Date
February 15, 2021
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20-681 Takemori Demurrer 3 2/18/2021
Defendant Reynolds Packing Co., dba M&R Company demurs to the Sixth Cause of Action for Constructive Fraud, of the Second Amended Complaint (SAC) of Plaintiff Takemori Farms, Inc. Having read and considered the motion, opposition, and reply, the court issues the following tentative ruling:
Defendant’s request for judicial notice is granted.
This is a dispute between a squash farmer and a packing house/commission merchant for money allegedly owed the grower by the commission merchant. The court sustained Defendant’s demurrer to the Sixth cause of action in the complaint with leave to amend and overruled all of Defendant’s other demurrers. Plaintiff timely filed a First Amended Complaint, and when Defendant pointed out that it made no allegations specific to Plaintiff Takemori Farms, Inc., Plaintiff filed a Second Amended Complaint correcting those deficiencies without seeking leave to amend. Defendant therefore now moves to strike the SAC and demu