HEARING ON DEMURRER TO 1st Amended CROSS-COMPLAINT of YING LIN LU

FILED BY MICHAEL MURPHY

* TENTATIVE RULING: *

Michael Murphy’s demurrer to the First Amended Cross-Complaint (“FACC”) is overruled. The ninth through twelfth causes of action are not barred by the sham pleading rule. An answer to the FACC shall be filed and served on or before September 20, 2021.

Background

Defendant / cross-complainant, Jennifer "Jenny" Ying Lin Lu, and plaintiff / cross- defendant, Michael Murphy, were engaged to be married. (FACC, ¶1.) In September 2017, parties were ending their engagement and accordingly, entered into an agreement. (Ibid.) The agreement is three pages long and is attached as Exhibit A to Murphy’s verified complaint and as Exhibit 1 to Lu’s original cross-complaint (Exhibits C and B, respectively, to Declaration of Michael Murphy in Support of Demurrer). The agreement is also referenced in Lu’s verified answer and in the FACC at issue here.

The agreement generally provided that