Goldberg v. Stelmach
Shlomo Goldberg, the plaintiff in this case (plaintiff), has appealed from a judgment of dismissal with prejudice entered after the trial court sustained, without leave to amend, demurrers to plaintiffs second amended complaint that were filed by the defendants. The defendants are Yuval Stelmach (Stelmach) and REM, LLC (REM).
The demurrers were sustained on grounds of res judicata, failure to join indispensible parties, failure to state a cause of action and uncertainty. Court reverse the judgment because the second amended complaint states a cause of action and can be made to state others by the addition of necessary parties.
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