G. T. Murphy, Inc. v. M. T. Developers, Inc.

By JUDGE RICHARD J. JAMBORSKY

This matter is before the Court on a demurrer to Plaintiffs’ First Amended Motion for Judgment. The Court has carefully reviewed the pleadings, briefs, and oral arguments of counsel. For the reasons specified below, the Defendants’ Demurrer is sustained.

The basic question presented by this demurrer is whether Plaintiffs’ amended motion alleges a prima facie case of the claims asserted. In deciding this question, the Court "must adhere to the rule that ‘[a] demurrer admits the truth of all material facts that are properly pleaded’." Duggin, Trustee v. Adams, 234…