(1) Demurrer to Cross-Complaint (2) CMC
Tentative Ruling: Cross-Defendants Top-Ten Apparel, Inc. and Arie Levin’s Demurrer to the Cross-Complaint is SUSTAINED in part and is OVERRULED in part, with 10-days to Answer.
The demurrer to the 7th COA (false advertising - Bus. & Prof. Code, § 17500) is SUSTAINED. Business and Professions Code section 17500 requires a showing that Defendant publicly disseminated advertising. The Cross-Complaint does not plead any misleading or untrue publicly disseminated advertising. Therefore, the demurrer is SUSTAINED. Unless Cross-Complainant can establish at the hearing how it can plead a valid claim, the demurrer will be SUSTAINED without leave to amend. (See, Hendy v. Losse (1991) 54 Cal.3d 723, 742 [If a party cannot amend to state a valid cause of action, or the party opposing the demurrer cannot state how a valid cause of action can be pled, which the opposing party has the burden of proof on, then the demurrer should be sustained without leave to am
Hearing Date
August 07, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
(1) Demurrer to Cross-Complaint (2) CMC
Tentative Ruling: Cross-Defendants Top-Ten Apparel, Inc. and Arie Levin’s Demurrer to the Cross-Complaint is SUSTAINED in part and is OVERRULED in part, with 10-days to Answer.
The demurrer to the 7th COA (false advertising - Bus. & Prof. Code, § 17500) is SUSTAINED. Business and Professions Code section 17500 requires a showing that Defendant publicly disseminated advertising. The Cross-Complaint does not plead any misleading or untrue publicly disseminated advertising. Therefore, the demurrer is SUSTAINED. Unless Cross-Complainant can establish at the hearing how it can plead a valid claim, the demurrer will be SUSTAINED without leave to amend. (See, Hendy v. Losse (1991) 54 Cal.3d 723, 742 [If a party cannot amend to state a valid cause of action, or the party opposing the demurrer cannot state how a valid cause of action can be pled, which the opposing party has the burden of proof on, then the demurrer should be sustained without leave to am