Re: Ernst, Ernst & Artmann, Inc., etc. v. Colleen Griffin, etc. (KC068897)

DEMURRER TO CROSS-COMPLAINT

Moving Party: Cross-Defendant Batson Enterprises, Inc.

Respondent: Defendant/Cross-Complainant Colleen griffin, individually and dba C & M Custom Tackle

POS: Moving papers served in violation of CCP § 1005(b) (due 1/29/17 when served by mail); Opposing papers served by regular mail contrary to CCP § 1005(c)

The complaint herein, filed 11/30/16, asserts causes of action for:

1. Book Account
2. Account Stated
3. Goods Sold and Delivered

On 12/29/16, Colleen Griffin, individually and dba C&M Custom Tackle filed her cross-complaint, asserting a cause of action for Intentional Tort (Usury). On 1/26/17, plaintiff filed an Amendment to Complaint, wherein Mark Griffin, individually and dba C&M Custom Tackle was named in lieu of Doe 1.

A Case Management Conference is set for 5/4/17.

Cross-Defendant Batson Enterprises, Inc. demurs, per CCP § 430.10(e)&(f), to the usury cause of actio