Defendant Ralph A. Callender’s Demurrer to Plaintiff’s First Amended Complaint is OVERRULED as to the first cause of action and SUSTAINED as to the second cause of action with 20 days’ leave to amend.

Legal Standard

A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (CCP §589; Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.)

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal 3d 311, 318. No other extrinsic evidence can be considered (i.e., no “speaking demurrers”).

A demurrer is brought under CCP § 430.10 [grounds], § 430.30 [as to any matter on its face or from which judicial notice may be taken], and § 430.50(a) [can be taken to the entire complaint or any cause of action within]. Specifically, a demurrer may be brought per CCP § 430.10(e) if insufficient facts are st