2017-00224634-CU-BT

Snoke, Seefeldt & Ramirez Ins. Svcs, Inc. vs. Marjorie Snoke

Nature of Proceeding: Hearing on Demurrer to Plaintiffs First Amended Complaint

Filed By: Folsom, Monica Hans

Defendant Garth Covert’s demurrer to Plaintiffs Snoke, Seefeldt & Ramirez Insurance Services, Inc. and Donald Wayne Seefeldt’s first amended complaint (“FAC”) is UNOPPOSED and SUSTAINED with leave to amend.

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06(D). Defendant’s counsel is directed to contact Plaintiffs’ counsel forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure. If Defendant’s counsel is unable to contact Plaintiffs’ counsel prior to the hearing, Defendant’s counsel shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06.

Defendant Covert demurs to the first cause of action for fraud, second cause of action for conversion, third cause of action for theft under Penal Code sections 496 and 503, fifth cause of action for misappropriation of proprietary information, seventh cause of action for indemnity, eighth cause of action for fraudulent conveyance, and ninth cause of action for financial elder abuse.

The demurrer is sustained for the reasons set forth in Defendant Covert’s moving papers. The Court construes Plaintiffs’ failure to oppose the motion as a concession on the merits. As this is Defendant’s first challenge to the complaint, the Court grants

leave to amend.

Plaintiffs may file and serve an amended by no later than October 26, 2018. Response to be filed and served within 30 days thereafter, 35 days if the SAC is served by mail. (Although not required by any statute or rule of court, Plaintiffs are requested to attach a copy of the instant minute order to the SAC to facilitate the filing of the pleading.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.