Andrade v. Morrissey CA4/1
Plaintiff and appellant Francisco Andrade appeals from a judgment of dismissal in favor of defendants and respondents Thomas Morrissey individually and as trustee of the Morrissey Family Trust, Laurie Morrissey, AM Contracting, Inc. and T. Morrissey Corporation (TMC), after the trial court sustained without leave to amend defendants' demurrer to Andrade's January 2016 complaint and ordered that complaint stricken on grounds Andrade had another action pending against the same defendants based on the same primary rights. Andrade contends the trial court erred in its ruling, as his two actions are based on distinct claims with differing primary rights: the first action asserting individual claims and the other asserting derivative claims seeking to recover on behalf of and for the benefit of TMC. Andrade further argues that if this court finds the claims to be identical, the proper order is not to sustain the demurrer without leave to amend, but to abate the second action until
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