Re: Margaret Bakle v. Frank Bonboster
Superior Court Case No. 22CECG03998
Hearing Date: February 6, 2024 (Dept. 501)
Motion: by Defendant County of Fresno on Demurrer to Second
Amended Complaint
Tentative Ruling:
To overrule the demurrer in its entirety. (Code Civ. Proc. § 430.10, subds. (e) and
(f).) Defendant County of Fresno shall serve and file an Answer within ten (10) days of the
date of service of the minute order by the clerk.
Explanation:
Defendant County of Fresno (“Defendant”) demurs to the Second Amended
Complaint (“SAC”) on the grounds that the second cause of action, for breach arising
from a special relationship that it fails to state sufficient facts to state a cause of action
against Defendant, and that it is uncertain.
On a demurrer a court's function is limited to testing the legal sufficiency of the
complaint. A demurrer is simply no