Case Number:
22STCV20357
Hearing Date:
October 13, 2023
Dept:
14 (1)
Demurrer
Defendant Safaie, joined by Defendant Arya, now demurs to the FAC on the grounds that it fails to state facts sufficient to support any cause of action and is uncertain.
Decision
The demurrer to the first cause of action is OVERRULED.
The demurrer to the second and third causes of action is SUSTAINED,
with 10 days leave to amend
.
First Cause of Action: Professional Negligence
The elements of a professional negligence claim are as follows: (1) the duty of the professional to use such skill, prudence, and diligence as to other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss of damage resulting from the professional negligence.
Budd v. Nixen
(1971) 6 Cal.3d
Hearing Date
October 13, 2023
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Case Number:
22STCV20357
Hearing Date:
October 13, 2023
Dept:
14 (1)
Demurrer
Defendant Safaie, joined by Defendant Arya, now demurs to the FAC on the grounds that it fails to state facts sufficient to support any cause of action and is uncertain.
Decision
The demurrer to the first cause of action is OVERRULED.
The demurrer to the second and third causes of action is SUSTAINED,
with 10 days leave to amend
.
First Cause of Action: Professional Negligence
The elements of a professional negligence claim are as follows: (1) the duty of the professional to use such skill, prudence, and diligence as to other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss of damage resulting from the professional negligence.
Budd v. Nixen
(1971) 6 Cal.3d