Case Number:
20PSCV00898
Hearing Date:
May 11, 2021
Dept:
O
Defendant Jaechan Park’s Demurrer to the Complaint is OVERRULED.
Defendant has 20 days to file his Answer
.
Demurrer
A demurrer for sufficiency tests whether the complaint states a cause of action. (
Hahn v. Mirda
(2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (
Taylor v. City of Los Angeles Dept. of Water and Power
(2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice.
(
Donabedian v. Mercury Ins. Co.
(2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (
SKF Farms v. Superior Court
(1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demurrer hearing is whet
Hearing Date
May 11, 2021
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
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Case Number:
20PSCV00898
Hearing Date:
May 11, 2021
Dept:
O
Defendant Jaechan Park’s Demurrer to the Complaint is OVERRULED.
Defendant has 20 days to file his Answer
.
Demurrer
A demurrer for sufficiency tests whether the complaint states a cause of action. (
Hahn v. Mirda
(2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (
Taylor v. City of Los Angeles Dept. of Water and Power
(2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice.
(
Donabedian v. Mercury Ins. Co.
(2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (
SKF Farms v. Superior Court
(1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demurrer hearing is whet