Overruled means the cause of action is properly pled. Motion to strike denied means that its issues were handled by the ruling on the demurrer.
If you’re not going to read go ahead a skip to the last sentence of this post.
Defendant’s Demurrer to the Fifth Cause of Action for Negligent Interference is OVERRULED.
A tort of negligent interference occurs when one party's negligence damages the contractual or business relationship between others, causing economic harm, such as, by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers.
Defendant's Demurrer to the Seventh Cause of Action based on Bus. &.Prof Code, § 17200 is OVERRULED.
Unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
Defendant's Demurrer to the Eighth Cause of Action for Civil Extortion is OVERRULED.
California's criminal definition of extortion applies to civil extortion claims. As set forth in Penal Code 518, "extortion" means:
"[T]the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”
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In California, “extortion” (also known as “blackmail”) is defined as obtaining money or property from someone by the wrongful use of force or fear.1 Extortion can be prosecuted as a crime, but can also be the basis for a lawsuit for "civil extortion."
The extortion does not need to have been prosecuted as a crime in order for a victim to sue for damages. However, unlike a criminal prosecution for extortion in California, an action for "civil extortion" can only be brought if the victim actually paid money or other property as a result of the blackmail.
AI
