2017-00207827-CU-BC

Yovita Pavolyte vs. Estate of George Andrew Heiner

Nature of Proceeding: Hearing on Demurrer to First Amended Complaint

Filed By: Burns, William F.

Defendants Stephanie J. Heiner and Heather Heiner’s Demurrer to the First Amended Complaint is unopposed, taken as a concession to the merits, and is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action and for uncertainty.

Defendants’ Request for Judicial Notice is granted.

Plaintiff’s first amended complaint alleges claims for breach of contract, breach of the covenant of good faith and fair dealing, fraud, and negligent misrepresentation. She attaches a copy of her Probate Creditor Claims to the Complaint which were filed inn the Estate of George Heiner, who passed away on February 11, 2016. A probate was opened by his daughters Stephanie and Heather Heiner under Sacramento County Probate Case No. 34-2016-190698.

Counsel for moving parties states that during the meet and confer with plaintiff’s counsel it was agreed that an amended complaint would be forthcoming and moving parties are requesting that plaintiff be given leave to amend. Therefore, the Court is granting leave to amend for the reasons stated in the moving papers.

Plaintiff may file and serve a Second Amended Complaint on or before April 16, 2018. Response to be filed and served within 30 days of service of the amended complaint, 35 days if served by mail.