Dept. 30
Calendar No.
Horowitz vs. Shenandoah Villas Homeowner Associations, LLC, et. al., Case No. 20STCV02397
Tentative Ruling re: Defendant’s Demurrer to First Amended Complaint
Defendant Henry Haeri (Haeri) demurs to the First Amended Complaint (FAC). The demurrer is overruled. Defendant Haeri is ordered to answer within ten (10) days of today’s date.
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 well settled. We not only treat the demurrer as admit
Hearing Date
January 28, 2021
Type
Other Complaint (non-tort/non-complex) (General Jurisdiction)
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Dept. 30
Calendar No.
Horowitz vs. Shenandoah Villas Homeowner Associations, LLC, et. al., Case No. 20STCV02397
Tentative Ruling re: Defendant’s Demurrer to First Amended Complaint
Defendant Henry Haeri (Haeri) demurs to the First Amended Complaint (FAC). The demurrer is overruled. Defendant Haeri is ordered to answer within ten (10) days of today’s date.
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 well settled. We not only treat the demurrer as admit