Superior Court of California
County of Los Angeles
DEPARTMENT 17
TENTATIVE RULINGUpdated: July 24, 2020
PHILLIP LATIOLAIT vs. DONALD SERAFANO
Case No.: 19STCV28054
Hearing Date: July 27, 2020
Because Defendant’s only basis for demurrer is ripeness, Defendant’s demurrer is OVERRULED. The instant action is stayed. Post-criminal appeal status conference is set for January 26, 2021, at 8:30 a.m.
On August 12, 2019, Plaintiff Phillip J. Latiolait (Plaintiff) filed suit against Donald B. Serafano (Defendant), alleging professional malpractice/negligence.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial
Hearing Date
July 27, 2020
Type
Legal Malpractice (General Jurisdiction)
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Superior Court of California
County of Los Angeles
DEPARTMENT 17
TENTATIVE RULINGUpdated: July 24, 2020
PHILLIP LATIOLAIT vs. DONALD SERAFANO
Case No.: 19STCV28054
Hearing Date: July 27, 2020
Because Defendant’s only basis for demurrer is ripeness, Defendant’s demurrer is OVERRULED. The instant action is stayed. Post-criminal appeal status conference is set for January 26, 2021, at 8:30 a.m.
On August 12, 2019, Plaintiff Phillip J. Latiolait (Plaintiff) filed suit against Donald B. Serafano (Defendant), alleging professional malpractice/negligence.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial