Motions: Defendant Agate Holding’s demurrer to First Amended Complaint; Defendant Paramount Home’s demurrer to First Amended
Complaint
Tentative Ruling:
To overrule Defendant Agate Holding’s special demurrer; to sustain, with leave to amend, the general demurrer regarding Plaintiff Michelle’s standing; and to overrule the general demurrer for failure to state sufficient facts to state a cause of action for breach of contract and breach of the implied warranty. (Code Civ. Proc. §430.10(e), (f.).) Plaintiffs are granted 20 days’ leave, running from service by the clerk of the minute order, to file a second amended complaint.
To overrule Defendant Paramount’s demurrer. (Code Civ. Proc. §430.10(e).) Explanation:
Demurrer
It is “the established rule that as against a general demurrer a complaint will be liberally construed[…]; that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown t