CLAUDETTE MARIE LESLIE, ET AL. VS NEW CENTURY MORTGAGE CORPORATION, ET AL.

Case No.: 19STCV31631     Track Rulings In Case

Defendants Mohammad Reza Atigehchi and R&M Holding, LLC’s Demurrer to the Second Amended Complaint is SUSTAINED, without leave to amend. The motion to strike is DENIED as moot.

Defendants to give notice.

DEMURRER

A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A demurrer tests the pleadin........