Defendant CHLN, Inc. dba Peohe's brings this demurrer to the Fifth through Ninth Causes of Action alleged in the Complaint.
In ruling on a demurrer, the Court assumes that the complaint's properly pleaded material factual allegations are true and will give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context. The Court does not, however, assume the truth of contentions, deductions, or conclusions of fact or law. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.
The Eighth and Ninth Causes of Action are not alleged against this demurring defendant. Those causes of action are alleged against Defendants Does 1-50 only. Accordingly, the demurrer to those causes of action are overruled.
The Fifth Cause of Action is for negligent supervision, hiring and retention. Although plaintiff may have sufficient facts alleged to support this cause of action, it is not clear wheth
Hearing Date
October 26, 2017
Category
Civil - Unlimited
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Defendant CHLN, Inc. dba Peohe's brings this demurrer to the Fifth through Ninth Causes of Action alleged in the Complaint.
In ruling on a demurrer, the Court assumes that the complaint's properly pleaded material factual allegations are true and will give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context. The Court does not, however, assume the truth of contentions, deductions, or conclusions of fact or law. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.
The Eighth and Ninth Causes of Action are not alleged against this demurring defendant. Those causes of action are alleged against Defendants Does 1-50 only. Accordingly, the demurrer to those causes of action are overruled.
The Fifth Cause of Action is for negligent supervision, hiring and retention. Although plaintiff may have sufficient facts alleged to support this cause of action, it is not clear wheth