February 06, 2018
503
civil
06 Unlimited - Breach of Contract/Warranty
Open
H.D. Matthews Demolition & Excavation (Plaintiff in 6th cross complaint), represented by Blake, Albert P, JR
Track This PartyAgate Bay Holdings, LLC (Plaintiff in 5th cross complaint), represented by Scott S. Blackstone
Track This PartyToni Woody (Plaintiff in 4…
William "Bill" W…
Terry Tuell Concrete, Inc. (Plaintiff in 3rd cross complaint), represented by Lena M. Louis
Track This Partya California corporation Paramount Home Development (Plaintiff in 2nd cross complaint), represented by Frank M. Nunes
Track This PartyFresno Land Company (Plaintiff in 1st cross complaint), represented by Kurt F. Vote
Track This PartyNick Bellasis (Plaintiff), represented by Michael L. Renberg
Track This PartyMichelle Rodriguez (Plaintiff), represented by Michael L. Renberg
Track This PartyFresno Land Company (Defendant in 6th cross complaint), represented by Kurt F. Vote
Track This PartyParamount Home Development (Defendant in 6th cross complaint)
Track This PartyAgate Bay Holdings, LLC (Defendant in 6th cross complaint)
Track This PartyFresno Land Company (Defendant in 5th cross complaint), represented by Kurt F. Vote
Track This PartyWilliam Matthews (Defendant in 5th cross complaint), represented by Blake, Albert P, JR
Track This PartyH.D. Matthews Demolition & Excavation (Defendant in 5th cross complaint), represented by Blake, Albert P, JR
Track This PartyTony Woody (Defendant in 5th cross complaint)
Track This PartyWilliam Woody (Defendant in 5th cross complaint)
Track This PartyTerry Tuell Concrete, Inc. (Defendant in 5th cross complaint), represented by Lena M. Louis
Track This PartyA California Corporation Paramount Home Development (Defendant in 5th cross complaint), represented by Frank M. Nunes
Track This Partya California Corporation Paramount Home Development (Defendant in 4th cross complaint), represented by Frank M. Nunes
Track This PartyParamount Home Development (Defendant in 3rd cross complaint), represented by Frank M. Nunes
Track This PartyHD Matthews Demolition & Excavation, Inc. (Defendant in 2nd cross complaint), represented by Blake, Albert P, JR
Track This PartyTerry Tuell Concrete, Inc. (Defendant in 2nd cross complaint), represented by Lena M. Louis
Track This PartyToni Woody (Defendant in 2…
William "Bill" W…
William Matthews (Defendant in 2nd cross complaint)
Track This Partya California corporation Paramount Home Development (Defendant in 1st cross complaint), represented by Frank M. Nunes
Track This PartyAgate Holdings, LLC, a California Limited liability company (Defendant in 1st cross complaint), represented by Scott S. Blackstone
Track This Partya California Corporation H.D. Matthews Demlition & Excavation (Defendant in 1st cross complaint), represented by Blake, Albert P, JR
Track This PartyFresno Land Company (Defendant), represented by Kurt F. Vote
Track This PartyFresno Land Company (Defendant in 2nd cross complaint), represented by Kurt F. Vote
Track This Partya California Corporation Paramount Home Development (Defendant), represented by Frank M. Nunes
Track This PartyLLC a California limited l… (Defendant)
Track This PartyAgate Holdings, LLC (Defendant), represented by Scott S. Blackstone
Track This Party2018-09-17T00:00:00
2018-08-24T00:00:00
2018-06-26T00:00:00
2018-06-21T00:00:00
2018-06-11T00:00:00
2018-06-08T00:00:00
2018-06-06T00:00:00
2017-10-11T00:00:00
2017-06-12T00:00:00
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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