michael martinez, a minor, by and through his guardian ad litem, Sophia Mendoza ; Plaintiff, vs. KIAN SHAHRIARY , et al.; Defendants.

Case No.: BC638884

Hearing Date: June 6, 2017

Time: 1:30 p.m.

[Tentative] Order RE:

demurrer

Defendants Vahid Shahriary and Rebecca Shahriary’s Demurrer to Plaintiff’s First Amended Complaint

Background

On October 28, 2016, Plaintiff Michael Martinez (“Plaintiff”), a minor, through his guardian ad litem, Sophia Mendoza, filed a complaint against Defendants Kian Shahriary, Vahid Shahriary, Rebecca Shahriary, Jerry C. Hung, and Erick Hung (collectively, “Defendants”). On March 20, 2017, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants, alleging causes of action for (1) battery and (2) negligence.

plaintiff alleges that, on October 28, 2014, Defendant Kian Shahriary (“Kian”) intentionally shot Plaintiff with a non-powder gun, causing him injuries. (FAC ¶ 14.) Plaintiff also alleges that his injuries were caused by De