DEMURRER

[CCP §430.10 et seq.]

Date: 10/9/20 (10:00 AM)

Case: Julie Flores v. AccessLex Institute et al. (20GDCV00378)

TENTATIVE RULING:

Defendant AccessLex Institute’s Demurrer is SUSTAINED.

Defendant requests the Court take judicial notice of the following: (A) Completed Income-Driven Repayment (IDR) Plan Request, OMB No. 1845-0102 (Exp. Date 10/31/2018) as-submitted by Plaintiff Julie Flores; and (B) Blank Income-Driven Repayment (IDR) Plan Request, OMB No. 1845-0102 (Exp. Date 10/31/2018). Defendant contends these forms demonstrate that plaintiff received a warning about capitalization, which contradicts the allegations of the Complaint.

A “pleader should not be allowed to bypass a demurrer by suppressing facts which the court will judicially notice.” (Legg v. Mutual Ben. Health and Acc. Ass'n (1960) 184 Cal.App.2d 482, 488; see also Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 753-54 [judicial notice of Purchase and Assumption Agreement in sustaining demur