Case Number:
19STCV15831
Hearing Date:
January 13, 2021
Dept:
48
[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER
On
May 6, 2019, Plaintiff La Park la Brea B LLC (“Plaintiff”) filed this action against Ortal Alaluf (“Alaluf”).
On July 15, 2019, Alaluf filed an answer.
On July 24, 2020, Plaintiff filed an amendment to the complaint, substituting Keren Meri (“Defendant”) for Doe 1.
On September 30, 2020, Defendant filed this demurrer.
A demurrer for sufficiency tests whether the complaint states a cause of action.
(
Hahn v. Mirda
(2007) 147 Cal.App.4th 740, 747.)
When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true.
(
Nolte v. Cedars-Sinai Medical Center
(2015) 236 Cal.App.4th 1401, 1406.)
Courts also consider exhibits attached to the complaint and incorporated by reference.
(See
Frantz v. Blackwell
(1987) 189 Cal.App.3d 91, 94 (
Frantz
).)
A special demurrer for uncertainty
Hearing Date
January 13, 2021
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
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Case Number:
19STCV15831
Hearing Date:
January 13, 2021
Dept:
48
[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER
On
May 6, 2019, Plaintiff La Park la Brea B LLC (“Plaintiff”) filed this action against Ortal Alaluf (“Alaluf”).
On July 15, 2019, Alaluf filed an answer.
On July 24, 2020, Plaintiff filed an amendment to the complaint, substituting Keren Meri (“Defendant”) for Doe 1.
On September 30, 2020, Defendant filed this demurrer.
A demurrer for sufficiency tests whether the complaint states a cause of action.
(
Hahn v. Mirda
(2007) 147 Cal.App.4th 740, 747.)
When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true.
(
Nolte v. Cedars-Sinai Medical Center
(2015) 236 Cal.App.4th 1401, 1406.)
Courts also consider exhibits attached to the complaint and incorporated by reference.
(See
Frantz v. Blackwell
(1987) 189 Cal.App.3d 91, 94 (
Frantz
).)
A special demurrer for uncertainty