Case No.: 19STCV41547    

Plaintiff, Kevin Deshan Mabry filed this action against Defendants, Dr. Christensen, Dr. Patel, Dr. Weingarten, Case Manager, Suran Yu, Stephen C. Cuthbertson, and College Medical Center for medical malpractice in connection with an Achilles tendon surgery. Plaintiff’s complaint includes causes of action for medical negligence and “breach of duty – specific performance.”

Legal Standard on Demurrer

A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that ar........