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DEMURRER to Amended CROSS COMPLAINT
Set for Law and Motion/Discovery on Friday, June 13, 2025 Line 8, CROSS DEFENDANT MAHER MEMARZADEH's DEMURRER to Amended CROSS COMPLAINT.
Cross-defendant Maher Memarzadeh's demurrer to the First Amended Cross-Complaint ("FACC") is overruled. On a demurrer the court takes properly pleaded facts as true. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) In assessing whether the complaint states a cause of action, the court accepts all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law. (Minton v. Dignity Health (2019) 39 Cal.App.5th 1155, 1161.) "[I]f, on consideration of all facts stated, it appears that plaintiff is entitled to any relief against defendant, the complaint will be held good, though facts may not be clearly stated, or may be intermingled with a statement of other facts irrelevant to cause of action shown, or though plaintiff may demand relief to which he is not entitled under facts alleged." (Augustine v.
Trucco (1954) 124 Cal.App.2d 229, 236, quoting Matteson v. Wagoner (1905) 147 Cal. 739, 742.) The court liberally construes the complaint per CCP 452.
The FACC pleads sufficient ultimate facts to support the claims for breach of contract and quantum meruit. Cross-defendant improperly challenges the veracity of the allegations. Cross-defendant argues that he retained "Dimitriou & Associates" and therefore "Andrew Dimitriou" is not a proper party to this case. But the fee agreement attached to the cross-complaint does not clearly demonstrate whom cross-defendant retained. Cross-defendant raises factual issues that cannot be resolved on demurrer.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |