1 Defendant Murat Gurz’s demurrer to Plaintiff’s First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has 10 days to file an amended complaint.
Defendant Murat Gurz (“Defendant”) demurs to all causes of action in the First Amended Complaint (“FAC”) on the ground that they fail to state facts sufficient to constitute a cause of action.
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. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleadin
Hearing Date
May 08, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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1 Defendant Murat Gurz’s demurrer to Plaintiff’s First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has 10 days to file an amended complaint.
Defendant Murat Gurz (“Defendant”) demurs to all causes of action in the First Amended Complaint (“FAC”) on the ground that they fail to state facts sufficient to constitute a cause of action.
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. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleadin