DEMURRER OVERRULED AS TO DEFENDANT SEO; SUSTAINED AS TO DEFENDANT HWANG TO THE FIFTH CAUSE OF ACTION
On March 9, 2018, Plaintiff Chang Rok Kim filed the instant action against Defendants Geon Oh Seo, Chris Hwang aka Sung Wook Hwang, and Does 1 through 25. On March 11, 2019, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for:
Assault;
Battery;
False Imprisonment;
Intentional Infliction of Emotional Distress;
Interference of Business Relationship;
Violation of Penal Code § 632;
Invasion of Privacy; and
Trespass.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabed
Hearing Date
July 24, 2019
Type
Intentional Infliction of Emotional Distress (General Jurisdiction)
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DEMURRER OVERRULED AS TO DEFENDANT SEO; SUSTAINED AS TO DEFENDANT HWANG TO THE FIFTH CAUSE OF ACTION
On March 9, 2018, Plaintiff Chang Rok Kim filed the instant action against Defendants Geon Oh Seo, Chris Hwang aka Sung Wook Hwang, and Does 1 through 25. On March 11, 2019, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for:
Assault;
Battery;
False Imprisonment;
Intentional Infliction of Emotional Distress;
Interference of Business Relationship;
Violation of Penal Code § 632;
Invasion of Privacy; and
Trespass.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabed