BC663603
DOE v. MUNOZ
Defendant’s demurrer to Plaintiff’s First Amended Complaint is OVERRULED.
ANALYSIS: A general demurrer challenges the sufficiency of the pleading as a matter of law and must not be sustained if the facts show an entitlement to some relief. (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1120.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff’s proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Use of fictitious names is not a ground for demurrer enumerated in CCP section 430.10. (See CCP § 430.10.)
CCP section 367 provides: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.” (CCP § 367.) And “[i]n the complaint, the title of the action shall include the names of all the parties; but, except as otherwise provided by
Hearing Date
November 14, 2017
Type
Other PI/PD/WD (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
BC663603
DOE v. MUNOZ
Defendant’s demurrer to Plaintiff’s First Amended Complaint is OVERRULED.
ANALYSIS: A general demurrer challenges the sufficiency of the pleading as a matter of law and must not be sustained if the facts show an entitlement to some relief. (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1120.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff’s proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Use of fictitious names is not a ground for demurrer enumerated in CCP section 430.10. (See CCP § 430.10.)
CCP section 367 provides: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.” (CCP § 367.) And “[i]n the complaint, the title of the action shall include the names of all the parties; but, except as otherwise provided by