Case Number: KC066717    Hearing Date: August 05, 2014    Dept: O

Millenium-Diamond Road Partners, LLC v. Diamond Bar Country Estates Association, et al. (KC066717)

1. Defendants Liu, Blum, Yi, and Mao’s DEMURRER TO FIRST AMENDED COMPLAINT

Respondent: NO OPPOSITION

2. Defendants Liu, Blum, Yi, and Mao’s MOTION TO STRIKE

Respondent: NO OPPOSITION

TENTATIVE RULING

1-2. Demurrer and Motion to Strike

Defendants Liu, Blum, Yi, and Mao’s demurrer to first amended complaint is SUSTAINED with 10 days leave to amend. Motion to strike is MOOT in light of the court’s grant of leave to amend.

ALL CAUSES OF ACTION:
Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., “first cause of action”); (2) Its nature (e.g., “for fraud”); (3) The party asserting it if more than one party is represented on the pleading (e.g., “by plaintiff Jones”); and (4) The party or parties to whom it is directed (e.g., “against defendant Smith”). (CRC 2.112.)

All causes of action violate CRC 2.112 because they do not identify which Defendant or Defendants each cause of action is directed against. Demurrer on this ground is SUSTAINED with 10 days leave to amend.

5th CAUSE OF ACTION: NEGLIGENCE:
In order to prevail in a negligence action, plaintiffs must show that defendants owed them a legal duty, that defendants breached that duty, and that the breach proximately caused their injuries. (Wiener v. south Coast Child Care Centers, Inc. (2004) 32 Cal.4th 1138, 1142.)