Tentative ruling on Dec. 21, 2022 in Santa Cruz County, CA - Case no: xxxxx080

Case Name:   22CV00080

Case No.:   (Subscribe to View)

On December 21, 2022, Santa Cruz County Superior Court issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Santa Cruz County, California. Hearing Date 12.21.2022.

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22CV00080
LAFAVER v. SENECA FAMILY OF AGENCIES, et al.
COUNTY’S DEMURRER TO SAC
The demurrer is overruled.
The general rule at demurrer is that the plaintiff need only allege ultimate facts, not
evidentiary facts. Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550. “All that is required of
a plaintiff, as a matter of pleading, even as against a special demurrer, is that his complaint set
forth the essential facts of the case with reasonable precision and with sufficient particularity to
acquaint the defendant with the nature, source and extent of his cause of action.” Rannard v.
Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 156-157. Demurrers do not lie as to only parts of
causes of action, where some valid claim is alleged but “must dispose of an entire cause of action
to be sustained.” Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97,
119. “The limited and statutory nature of governmental liabi….....

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