2013-00652207

TENTATIVE RULING:

Deft Arditi appears on behalf of himself and on behalf of the Corporation. This is improper as he is not an attorney and the Corporation is unable to represent itself.

The moving party argues that there is no attachment to the complaint and as a result the pleadings for Breach of Contract do not sufficiently describe the nature of the contract. The First Amended complaint does not have any exhibits attached. Counsel for plaintiff is asked to look at the court file before the hearing. The demurrer is sustained with leave to amend to attach copies of the omitted exhibits.

The defendant argues that the 2nd c/a does not contain sufficient allegations of the personal guarantee. Para 19 contains sufficient allegations. The demurrer to this 2nd cause of action is overruled.

The 3rd cause of action alleges Unjust Enrichment of the money borrowed against Auto Chem only. The demurring parties argue that the claim is improperly asserted against the individual. However, the pleading directs the claim only against the Corporation. The demurrer to this 3rd cause of action is overruled.

Finally, the Defendants demur to the common count based on the failure to allege defendant’s standing, the terms of the contract and any alter ego theory. A review of the causes of action shows that the elements are sufficient to state a claim. The demurrer to the 4th C/A is overruled.

Typically, when leave to amend a complaint is granted, a motion to strike is moot. This defendant brings this motion to strike on the grounds that the Amended complaint was not timely served and that the missing attachments render the amended complaint in violation of the court’s prior order to file an amended pleading by 12/10/13. The court issued a minute order on 12/2/13 providing an amended complaint to be filed by 1/6/14. The attachments were filed with the original complaint and have been omitted from the First Amended Complaint. This court has permitted leave to amend to include the omitted exhibits. The First Amended complaint shows a proof service by personal delivery on 12/11/13. The Motion to Strike is denied.

The demurrer to the 1st c/a is sustained with 20 days leave to amend to add the omitted exhibits.

The demurrer to the 2nd, 3rd, and 4th causes of action is overruled.

The Motion to Strike is denied.