Taylor v. Stevens, et al.
DEMURRER
(CCP §§ 430.31, et seq.)
TENTATIVE RULING:
Defendant Lana Stevens’ Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.
ANALYSIS:
On October 17, 2018, Plaintiff Jocelynn Taylor (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Lana Stevens (“Defendant”). The Complaint alleges that the motor vehicle accident occurred on October 19, 2018. (Compl., ¶MV-1.) The Complaint was personally served on Defendant on February 24, 2019. Defendant filed the instant Demurrer to the Complaint on January 7, 2020. To date, no opposition has been filed.
Legal Standard
A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint ar
Hearing Date
February 18, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (Limited Jurisdiction)
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Taylor v. Stevens, et al.
DEMURRER
(CCP §§ 430.31, et seq.)
TENTATIVE RULING:
Defendant Lana Stevens’ Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.
ANALYSIS:
On October 17, 2018, Plaintiff Jocelynn Taylor (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Lana Stevens (“Defendant”). The Complaint alleges that the motor vehicle accident occurred on October 19, 2018. (Compl., ¶MV-1.) The Complaint was personally served on Defendant on February 24, 2019. Defendant filed the instant Demurrer to the Complaint on January 7, 2020. To date, no opposition has been filed.
Legal Standard
A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint ar