Case Number:
23STCV09380
Hearing Date:
October 5, 2023
Dept:
61 Defendant Alyssa Mae Quimby, M.D.s Demurrer to the Complaint is OVERRULED. Defendant to answer within 30 days.
I.
DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30,
et seq
.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (
See id
. § 430.10, subd. (e).) As the Supreme Court held in
Blank v. Kirwan
(1985) Cal.3d 311: We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. (
Id
. at p. 318; see also
Hahn. v. Mirda
(2007) 147 Cal.App.4th 740, 747 [A demurrer tests the p
Hearing Date
October 05, 2023
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Case Number:
23STCV09380
Hearing Date:
October 5, 2023
Dept:
61 Defendant Alyssa Mae Quimby, M.D.s Demurrer to the Complaint is OVERRULED. Defendant to answer within 30 days.
I.
DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30,
et seq
.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (
See id
. § 430.10, subd. (e).) As the Supreme Court held in
Blank v. Kirwan
(1985) Cal.3d 311: We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. (
Id
. at p. 318; see also
Hahn. v. Mirda
(2007) 147 Cal.App.4th 740, 747 [A demurrer tests the p