CLAIRE LEVINE VS SYLVESTER STEWART, ET AL.

Case No.: 19STCV06375    

SUBJECT: Demurrer to SAC

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

Resp. Party: Plaintiff Claire Levine

Defendant’s demurrer to the first cause of action for malicious prosecution claim is SUSTAINED without leave to amend.

Defendant’s demurrer to the second cause of action for abuse of process claim is OVERRULED.

BACKGROUND:

On February 26, 2019 Plaintiff Claire Levine, in propria persona, commenced this action. On July 10, 2019, Plaintiff filed a 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.

On November 8, 2019, the Court overruled Defendant’s demurrer to the FAC on the basis of standing and statute of limitations; overruled the demurrer as to the abuse of........