Judge: Melvin D. Sandvig, Case: 21CHCV00956, Date: 2023-03-27 Tentative Ruling
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Case Number: 21CHCV00956 Hearing Date: March 27, 2023 Dept: F47
Dept. F47
Date: 3/27/23
Case #21CHCV00956
DEMURRER TO THE
ORIGINAL ANSWER
TO THE
FIRST AMENDED
COMPLAINT
Amended Demurrer filed on 1/30/23.
MOVING PARTY: Plaintiff GGP
Northridge Fashion Center, LP
RESPONDING PARTY: Defendant Alibaba Express
Mediterranean Grill, Inc.
NOTICE: ok
Demurrer is to the 29 affirmative defenses asserted in
Defendant Alibaba Express Mediterranean Grill, Inc.’s Answer to the First
Amended Complaint.
RULING: The demurrer is overruled.
The First Amended Complaint alleges a cause of action for
breach of lease contract against Defendant Alibaba Express Mediterranean Grill,
Inc. (Alibaba) and a cause of action for
breach of guaranty against other defendants.
On 12/27/22, Alibaba filed and served its answer to the
First Amended Complaint which denied each and every allegation in the First
Amended Complaint and asserted 29 affirmative defenses. After meet and confer efforts failed to
resolve the issues raised by this demurrer, on 1/30/23, Plaintiff GGP Northridge
Fashion Center, LP (Plaintiff) filed and served the instant demurrer to each of
the affirmative defenses in Alibaba’s answer on the grounds that they fail to
plead facts sufficient to constitute an answer and/or they are uncertain. CCP 430.20(a), (b) (The Court notes that
although the notice of demurrer indicates that it is based on failure to allege
sufficient facts and uncertainty, the argument in the points and authorities is
based on failure to allege sufficient facts).
Alibaba has opposed the demurrer and Plaintiff has filed a reply to the
opposition.
Pleadings are to be liberally construed with a view
toward substantial justice between the parties. Code of Civil Procedure Section
452. The Court finds that Alibaba’s answer provides Plaintiff with sufficient
notice so that Plaintiff may prepare its case and any defects in the answer
do not affect Plaintiff’s substantial rights. See Harris (2013) 56 C4th 203,
239-240; FPI Development, Inc. (1991) 231 CA3d 367, 384-385. Plaintiffs has failed to establish that Alibaba
will be unable to rely on each of the affirmative defenses set forth in the
answer. Any uncertainties regarding the
affirmative defenses can be resolved through discovery.
Date: 3/27/23
Case #21CHCV00956
DEMURRER TO THE
ORIGINAL CROSS-COMPLAINT
Demurrer filed on 2/17/23.
MOVING PARTY: Cross-Defendant GGP Northridge Fashion
Center, LP
RESPONDING PARTY: Cross-Complainant Alibaba Express Mediterranean
Grill, Inc.
NOTICE: ok
RULING: The demurrer is placed off calendar.
Due to the filing of a First Amended Cross-Complaint on
3/13/23, the demurrer to the original cross-complaint is rendered moot. See CCP 472(a).