Motions: Demurrer to and motion to strike portions of complaint by
Defendant Fresno Unified School District
Tentative Ruling:
To sustain the general demurrers, and to overrule the special demurrers, with leave to amend, and to deny the motion to strike, with Plaintiffs granted 10 days’ leave to file a first amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations in the first amended complaint are to be set in boldface type.
Explanation:
The first cause of action for negligence and the second cause of action for strict products liability fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).)
Grounds for demurrer are entirely statutory. Grounds for demurrer are listed in Code of Civil Procedure section 430.10. Grounds for demurrer are not listed in Code of Civil Procedure sections 430.50 or 430.60, cited by Defendant Fresno Unified School District (“Defen
Hearing Date
June 27, 2017
Type
23 Unlimited - Other PI/PD/WD
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Motions: Demurrer to and motion to strike portions of complaint by
Defendant Fresno Unified School District
Tentative Ruling:
To sustain the general demurrers, and to overrule the special demurrers, with leave to amend, and to deny the motion to strike, with Plaintiffs granted 10 days’ leave to file a first amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations in the first amended complaint are to be set in boldface type.
Explanation:
The first cause of action for negligence and the second cause of action for strict products liability fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).)
Grounds for demurrer are entirely statutory. Grounds for demurrer are listed in Code of Civil Procedure section 430.10. Grounds for demurrer are not listed in Code of Civil Procedure sections 430.50 or 430.60, cited by Defendant Fresno Unified School District (“Defen