Alejandro Panama Linares v. Acencion Delgado
DEMURRER TO COMPLAINT
MOVING PARTY: Defendant Acencion Delgado
RESPONDING PARTY(S): No opposition.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
In a poorly-drafted Complaint, Plaintiff alleges that he was evicted in retaliation for complaining about bicycles over which he tripped that belonged to Defendant’s children, and also on the basis of his disability.
Defendant demurs (via a poorly-drafted demurrer) to the Complaint.
TENTATIVE RULING:
Defendant Acencion Delgado’s demurrer to the Complaint is OVERRULED as to the first cause of action. It is SUSTAINED as to the second, third, fourth, fifth, sixth, seventh causes of action. Whether leave to amend is granted or not to those causes of action, in whole or in part, will depend on any offer of proof made by the Plaintiff as to how he could successfully amend any of those causes of action. It is SUSTANIED without leave to amend as to the eighth cause of action.
DISCUSSION:
Demurre
Hearing Date
September 28, 2018
Type
Other Real Property Rights Case (General Jurisdiction)
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Alejandro Panama Linares v. Acencion Delgado
DEMURRER TO COMPLAINT
MOVING PARTY: Defendant Acencion Delgado
RESPONDING PARTY(S): No opposition.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
In a poorly-drafted Complaint, Plaintiff alleges that he was evicted in retaliation for complaining about bicycles over which he tripped that belonged to Defendant’s children, and also on the basis of his disability.
Defendant demurs (via a poorly-drafted demurrer) to the Complaint.
TENTATIVE RULING:
Defendant Acencion Delgado’s demurrer to the Complaint is OVERRULED as to the first cause of action. It is SUSTAINED as to the second, third, fourth, fifth, sixth, seventh causes of action. Whether leave to amend is granted or not to those causes of action, in whole or in part, will depend on any offer of proof made by the Plaintiff as to how he could successfully amend any of those causes of action. It is SUSTANIED without leave to amend as to the eighth cause of action.
DISCUSSION:
Demurre