DURAN, BETTINA VS LARK, ROBERT

Case No.: 14K15682    



Defendants Robert Lark’s Demurrer is SUSTAINED with 10 days’ leave to amend.

Background

On 11, 26, 2014, Plaintiff Bettina Duran (“Plaintiff”) filed, in pro per, this action against Defendants Robert Lark (“Lark”) and State Farm Insurance (“State Farm”) (collectively, “Defendants”) which arises out of traffic collision. On October 31, 2017, Plaintiff served Defendants the Summons and Complaint. (October 31, 2017 Proof of Service.)

On November 30, 2017, Lark filed a Demurrer to the Complaint, arguing that Plaintiff fails to allege sufficient facts to constitute a cause of action against him. As of December 26, 2017, no opposition has been filed.

Legal Standard

“A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint alleges facts sufficient to state a cause of actio........