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Re: doc2016 post# 4391

Thursday, 01/20/2022 2:04:15 PM

Thursday, January 20, 2022 2:04:15 PM

Post# of 12630
The Court sustains the demurrer by Defendant Farias to the first, third, fourth, sixth, and eighth causes of action

So, 1,3,4,6 and 8 are out

The Court overrules the demurrer by Defendant Farias to the second cause of action (for Breach of Contract). Defendant Farias did not demur to the fifth cause of action (for Breach of Fiduciary Duty). 3. The Court sustains in part and overrules in part the demurrer by Defendant Farias to the seventh cause of action. The demurrer is overruled to the extent this cause of action asserts a claim for Money Had and Received. The demurrer is sustained to the extent this cause of action asserts a claim for Unjust Enrichment. 4. The Court denies the motion to strike by Defendant Farias, as the claim for punitive damages may be predicated on the cause of action for breach of fiduciary duty, and the allegations are sufficient for purposes of the pleading stage. 5. Counsel for Defendant Farias shall provide notice and file proof of such with the Court.

Difficult to follow
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