Harbor Green Grain LP v. P&G Farms, LLC, an Arizona limited liability company; Stephanie Pyland, an individual; Chad Pyland, an individual; Jeff Gipe, an individual; The Hay Company LLC, an Arizona limited liability company; Joseph Lloyd Collins, an individual; Aleta H. Collins, individually and dba as Legion, a California licensed Repossessor Agen
Published: Mar. 4, 2017 | Result Date: Feb. 3, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC589791 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
John M. Coleman
(Coleman & Associates Lawyers)
Facts
Plaintiff asserted the following causes of action in its second amended complaint: fraud; breach of fiduciary duty; common counts; conversion fraudulent conveyance; trespass to chattels; and trespass to land.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that it was a well-established hay exporter who provided hay pressing services in the Long Beach area. It claimed that defendants wrongfully broke into its warehouse and repossessed a hay press machine that was supposed to be jointly owned by plaintiff and defendant P&G Farms LLC.
DEFENDANTS' CONTENTIONS:
The County of Los Angeles contended in its demurrer plaintiff failed to provide any statutory basis for liability against it. Hay-X-Press LLC contended in its demurrer that it was added to the action by substitution in place of Doe 2 but that the amended complaint failed to asserted any claims against its specifically.
Result
The court sustained both demurrers, without leave to amend as to the County and with 10 days leave to amend as to Hay-X-Press.
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