ET AL.
Case Number: 22CV-0200829
Tentative Ruling on Demurrer: Defendant State of California, by and through the California
Department of Social Services (hereinafter “Defendant” or “CDSS”) demurs to the First Amended
Complaint (“FAC”) on the grounds that both causes of action fail to state sufficient facts. CCP §
430.10(e). The Demurrer is unopposed.
Standard on Demurrer: A general demurrer should be sustained if the complaint fails to “state
facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer also lies
whether the pleading is uncertain which includes ambiguous or unintelligible causes of action.
CCP § 430.10(f). A demurrer can be used to challenge defects that appear on the face of the
complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.
3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but
not contentions, deductions or conclusions of fact or law.” Hood v. Hacie