23CV46928
DEFENDANTS’ DEMURRER
Plaintiff alleges eight causes of action; defendants have generally demurrerred to all
causes of action except the fourth for battery.
A demurrer admits the truth of all material factual allegations in the complaint; thus, to
defeat a demurrer, plaintiffs need only plead facts showing they may be entitled to some
relief (Keyes v. Santa Clara Valley Water Dist. (1982) 128 Cal. App. 3d 882); for
defendants to prevail on a demurrer they must establish the complaint ‘has included
allegations that clearly disclose some defense or bar to recovery. [Citation omitted]
Thus, a demurrer based on an affirmative defense will be sustained only where the face
of the complaint discloses that the action is necessarily barred by the defense. [Citation
omitted]" (Casterson v. Superior Court (2002) 101 Cal.App.4th 177, 182-183).
Plaintiff’s objections to defendants’ evidence presented in support of the demurrer are
sustained in toto.
Plaintiff has
Hearing Date
January 12, 2024
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23CV46928
DEFENDANTS’ DEMURRER
Plaintiff alleges eight causes of action; defendants have generally demurrerred to all
causes of action except the fourth for battery.
A demurrer admits the truth of all material factual allegations in the complaint; thus, to
defeat a demurrer, plaintiffs need only plead facts showing they may be entitled to some
relief (Keyes v. Santa Clara Valley Water Dist. (1982) 128 Cal. App. 3d 882); for
defendants to prevail on a demurrer they must establish the complaint ‘has included
allegations that clearly disclose some defense or bar to recovery. [Citation omitted]
Thus, a demurrer based on an affirmative defense will be sustained only where the face
of the complaint discloses that the action is necessarily barred by the defense. [Citation
omitted]" (Casterson v. Superior Court (2002) 101 Cal.App.4th 177, 182-183).
Plaintiff’s objections to defendants’ evidence presented in support of the demurrer are
sustained in toto.
Plaintiff has