LORI HYLAND, AN INDIVIDUAL, AND AS TRUSTEE OF LORI'S EXEMPT TRUST AND AS TRUSTEE VS LYNZIE FLYNN, AN INDIVIDUAL, AND AS TRUSTEE OF LYNZIE'S EXEMPT TRUST AND TRUSTEE

Case No.: 20SMCV00266    

CASE NO.: 20SMCV00266

MOTION: Demurrer with motion to strike

HEARING DATE: 1/22/2021

Background

Plaintiff Lori Hyland, individually and as trustee of Lori’s Exempt trust and Lori’s non-exempt trust, filed a complaint against Defendant Lynzie Flynn, individually and as trustee of Lynzie’s exempt trust and Lynzie’s non-exempt trust, and Does 1 – 10 for breach of fiduciary duty, accounting, and declaratory relief. On April 3, 2020, Defendant filed a demurrer.

Legal Standard

“Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.)

A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (C........