Frank v. SchoolsFirst Federal Credit Union
Parties
Ruling
added to determine whether they were bona fide purchasers for value and whether their interests in the subject vehicles and/or payments is valid.
The demurrer is SUSTAINED with leave to amend as to this COA.
2) Motion to Strike
Schools’ motion to strike portions of the FAC is GRANTED in part and DENIED in part as noted in the ruling on LAFCU above.
C) Navy Federal Credit Union
Defendant Navy Federal Credit Union’s (“Navy”) demurrer to the FAC is SUSTAINED.
As to COA numbers six through nine, the demurrer is SUSTAINED with leave to amend as noted in the LAFCU ruling above.
As to COA number five, the demurrer is SUSTAINED with leave to amend as noted in the Schools ruling above. The court will also note that while Navy argues this COA is derivative of the other COA, Plaintiff is permitted to plead in the alternative (Mendoza v. Cont'l Sales Co. (2006) 140 Cal. App. 4th 1395, 1402) even though Plaintiff has failed to plead sufficient facts to support this COA.
Plaintiff is granted leave to file an amended complaint within 10 days of written notice of the ruling.
LAFCU to give notice.
12. Frank v. SchoolsFirst (Off calendar) Federal Credit Union
13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28.
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