Kirkpatrick v. First American Title Ins.

By JUDGE F. BRUCE BACH

This matter is before me on the demurrers filed by the five Defendants named in the Kirkpatrick and Smith Motions for Judgment. The two Motions for Judgment are practically identical; therefore, in an attempt to simplify the analysis of these demurrers, all references are to the Kirkpatrick Motion for Judgment. Because Roy E. Mason and Tri-Centennial Development Corporation ("Mason/TCDC") have not demurred to the Smith Motion for Judgment, nothing *535in this letter pertains to Count VIII of Smith as to those defendants.

After hearing oral argument, reviewing the pleadings…