On December 03, 2019 a
Order
was filed
involving a dispute between
Mial Dion,
and
Stovall Harry Jr.,
for Elder Abuse/Dependent Adult Abuse Case (General Jurisdiction)
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 67
19STCV43317 February 23, 2021
DION MIAL vs HARRY STOVALL, JR. 12:00 PM
Judge: Honorable Daniel Juarez CSR: None
Judicial Assistant: C. Ornelas ERM: None
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): No Appearances
For Defendant(s): No Appearances
NATURE OF PROCEEDINGS: Ruling on Submitted Matter
The Court, having taken the matter under submission on 02/08/2021, now rules as follows:
The parties submitted the matters for ruling on February 8, 2021. The matters at issue are
Defendant Harry Stovall’s (Stovall) demurrer and motion to strike portions of Plaintiff Dion
Mial’s (Mial) complaint. After considering the moving, opposing, and reply papers and the
attachments thereto, and oral argument on February 8, 2012, the court rules as follows.
Stovall’s demurrer and motion to strike are overruled and denied respectively.
A demurrer reaches defects that appear on the face of the complaint and based on matters that are
subject to judicial notice. All facts are accepted as true. “[W]e accept as true all properly pleaded
allegations and do not go beyond the four corners of the complaint except as to matters which are
judicially noticeable.” (Saunders v. Superior Court (1994) 27 Cal.App.4th 832, 838.)
“The function of a demurrer is to test the sufficiency of a plaintiff’s pleading by raising questions
of law.” (Wilhelm v. Pray, Price, Williams & Russell (1986) 186 Cal.App.3d 1324, 1330.) When
assessing the allegations in a complaint, a demurrer admits the truth of all material facts pleaded.
(Serrano v. Priest (1972) 5 Cal.3d 584, 617.) While facts in the complaint are treated as true,
deductions and conclusions of law are not. (Gutkin v. University of Southern California (2002)
101 Cal.App.4th 967, 975.) Additionally, “[i]n the construction of a pleading, for the purpose of
determining its effect, its allegations must be liberally construed, with a view to substantial
justice between the parties.” (Code of Civ. Proc., § 452.)
When the pleadings are defective, “the defect may be raised by demurrer or motion to strike, or
by motion for judgment on the pleadings.” (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) The
grounds for a motion to strike shall appear on the face of the challenged pleading or from any
matter of which the court is required to take judicial notice. (Code of Civ. Proc., § 437, subd.
Minute Order Page 1 of 4
Document Filed Date
February 23, 2021
Case Filing Date
December 03, 2019
Category
Elder Abuse/Dependent Adult Abuse Case (General Jurisdiction)
Status
Summary Judgment 04/02/2024
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 67 19STCV43317 February 23, 2021 DION MIAL vs HARRY STOVALL, JR. 12:00 PM Judge: Honorable Daniel Juarez CSR: None Judicial Assistant: C. Ornelas ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Ruling on Submitted Matter The Court, having taken the matter under submission on 02/08/2021, now rules as follows: The parties submitted the matters for ruling on February 8, 2021. The matters at issue are Defendant Harry Stovall’s (Stovall) demurrer and motion to strike portions of Plaintiff Dion Mial’s (Mial) complaint. After considering the moving, opposing, and reply papers and the attachments thereto, and oral argument on February 8, 2012, the court rules as follows. Stovall’s demurrer and motion to strike are overruled and denied respectively. A demurrer reaches defects that appear on the face of the complaint and based on matters that are subject to judicial notice. All facts are accepted as true. “[W]e accept as true all properly pleaded allegations and do not go beyond the four corners of the complaint except as to matters which are judicially noticeable.” (Saunders v. Superior Court (1994) 27 Cal.App.4th 832, 838.) “The function of a demurrer is to test the sufficiency of a plaintiff’s pleading by raising questions of law.” (Wilhelm v. Pray, Price, Williams & Russell (1986) 186 Cal.App.3d 1324, 1330.) When assessing the allegations in a complaint, a demurrer admits the truth of all material facts pleaded. (Serrano v. Priest (1972) 5 Cal.3d 584, 617.) While facts in the complaint are treated as true, deductions and conclusions of law are not. (Gutkin v. University of Southern California (2002) 101 Cal.App.4th 967, 975.) Additionally, “[i]n the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code of Civ. Proc., § 452.) When the pleadings are defective, “the defect may be raised by demurrer or motion to strike, or by motion for judgment on the pleadings.” (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (Code of Civ. Proc., § 437, subd. Minute Order Page 1 of 4