Defendant PLB Management, LLC’s Demurrer to Plaintiff’s Complaint is SUSTAINED without leave to amend as to the First Cause of Action and OVERRULED as to all others.
Defendant PLB Management, LLC’s Motion to Strike Plaintiff’s Complaint is GRANTED with 15 days leave to amend as to the Prayer for Punitive Damages.
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.) 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. We also consider matters which may be judicially noticed. 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 pleadings alone and not the evidence or other extrinsic ma
Hearing Date
October 05, 2016
Type
Breach Rental/Lease (not UD/Evict) (General Jurisdiction)
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Defendant PLB Management, LLC’s Demurrer to Plaintiff’s Complaint is SUSTAINED without leave to amend as to the First Cause of Action and OVERRULED as to all others.
Defendant PLB Management, LLC’s Motion to Strike Plaintiff’s Complaint is GRANTED with 15 days leave to amend as to the Prayer for Punitive Damages.
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.) 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. We also consider matters which may be judicially noticed. 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 pleadings alone and not the evidence or other extrinsic ma