02-20-2015, 03:21 PM
Doogle files a timely Demurrer.
DouglasDemurrer01.pdf (Size: 1.17 MB / Downloads: 25)
Interesting that Doogle didn't just have John Bear's magic lawyer call Charisma's lawyer and get the whole thing "resolved in a few days, without cost."
Typically in defamation actions the only real issue isn't whether the Demurrer will be granted, but rather whether it will be granted with or without leave to amend. Some judges give plaintiffs a couple bites at the apple just as a matter of policy. Since this is first demurrer, my prediction is that it will be granted on all counts with leave to amend. Eventually I'd expect a second demurrer to be granted without leave on the two defamation counts.
I'd like to see what Charisma comes up with in defense of its two business interference counts. If, as Doogle argues, the only "independently wrongful act" alleged is constitutionally protected free speech then those counts must fall as well. But a judge might see that the complaint could be amended to allege such additional facts, and probably will give Charisma more than two bites to do that.
DouglasDemurrer01.pdf (Size: 1.17 MB / Downloads: 25)
Interesting that Doogle didn't just have John Bear's magic lawyer call Charisma's lawyer and get the whole thing "resolved in a few days, without cost."
Typically in defamation actions the only real issue isn't whether the Demurrer will be granted, but rather whether it will be granted with or without leave to amend. Some judges give plaintiffs a couple bites at the apple just as a matter of policy. Since this is first demurrer, my prediction is that it will be granted on all counts with leave to amend. Eventually I'd expect a second demurrer to be granted without leave on the two defamation counts.
I'd like to see what Charisma comes up with in defense of its two business interference counts. If, as Doogle argues, the only "independently wrongful act" alleged is constitutionally protected free speech then those counts must fall as well. But a judge might see that the complaint could be amended to allege such additional facts, and probably will give Charisma more than two bites to do that.