SUBJECT: Demurrer

Moving Party: Defendant Allan Law Group, P.C.

Resp. Party: Plaintiff Claire Levine

Defendant’s demurrer on the basis of standing and statutes of limitations is OVERRULED.

Defendant’s demurrer to the abuse of process claim is OVERRULED.

Defendant’s demurrer to the malicious prosecution, infliction of emotional distress and declaratory relief causes of action is SUSTAINED with leave to amend.

Defendant’s request for judicial notice is GRANTED as to Exhibits 1-4, 6, 8 and is DENIED as superfluous as to Exhibits 5 and 7 as superfluous.

BACKGROUND:

On February 26, 2019 Plaintiff Claire Levine, in propria persona, commenced this action. On July 10, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Sylvester Stewart, Allan Law Group, P.C., and Scheper Kim & Harris, LLP for (1) malicious prosecution; (2) abuse of process; (3) intentional infliction of emotional distress; (4) costs of suit; and (5) declaratory relief.

Plaintiff all