Demurrer to Complaint
Moving Party: Defendant Aaron Bridges, in pro per Responding Party: Plaintiff Strategic Funding Source, Inc.
Ruling: Defendant Aaron Bridges’ Demurrer to the Complaint is overruled. Defendant shall file an answer within 15 days of service of notice of ruling. To the extent, Defendant seeks sanctions against Plaintiff, Defendant’s request is denied.
In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader’s ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that hav