Defendants’ AMCAL Chico LLC and Asset Living Corporation’s Demurrer to Plaintiff’s Complaint
As previously discussed, claims covered by 340.6 are time barred because, at the latest, the statute accrued when Plaintiff filed her Shasta County action in August 2023. Consequently, the breach of contract cause of action is time barred in its entirety. Accordingly, the demurrer is sustained without leave amend.
Motion to Strike The motion is granted regarding the reference to the allegation of a November 21, 2021 pro hac vice application. Judicially noticeable court records clearly indicate the application was filed November 21, 2022. The motion is granted with leave to amend concerning the references to B&P 17206 and 17208. As Defendants correctly noted, neither of those sections relate to remedies for unfair competition violations. The motion is denied in all other respects.
To the extent leave to amend has been granted, Plaintiff shall amend within 20 days’ notice of this order. Defendants shall prepare the form of order.
4. 25CV03376 Li, Yi v. AMCAL Chico LLC
EVENT: Defendants’ AMCAL Chico LLC and Asset Living Corporation’s Demurrer to Plaintiff’s Complaint
Preliminarily, although it appears based on the reply filed by Defendant that Defendant received notice of both the opposition and the First Amended Complaint, there were no proofs of service accompanying those documents. Plaintiff is admonished that all filings must be served on opposing counsel and include a proof of service which complies with the requirements of the Code of Civil Procedure. In light of the filing of the First Amended Complaint, which was filed in compliance with CCP 472, the demurrer to the complaint is moot.
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