Case Number:
20STCV23418
Hearing Date:
January 15, 2021
Dept:
30 Dept. 30
Calendar No.

Harcrow vs. Omelet, LLC, et. al.
,
Case No.

20STCV23418



Tentative Ruling re:

Defendant’s Demurrer to Complaint





Defendant Omelet,
LLC (Omelet) demurs to the complaint and all causes of action therein. The demurrer is sustained with ten (10) days leave to amend.



In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law. (
Blank v. Kirwan
(1985) 39 Cal.3d 311, 318 (
Blank
);
C & H Foods Co. v. Hartford Ins. Co
. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (
Stevens v. Superior Court
(1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a complaint is tested against a general demurrer are w